I feel absolutely sick to my stomach.

[Sigarms]

Nine years ago when looking for a house with property, anything for sale with the term "easement" with the property was not even considered. Although I haven't read the "easement thread" in it's entirety, I have a feeling it just reinforces why you shouldn't consider buying a property that is associated with an easement.

 

[greasemonkeyok]

What Dave recommends in Post #10 is wise policy.

Sometimes purchasers don't get surveys out of ignorance (particularly when they inherit the land), sometimes out of arrogance ("I can do it for nothing with my GPS), and sometimes just because they are too cheap to spend the money.

 

[mjarrels]

Yep... anything with easement or HOA is out of the question. Nice one plus acre lot over looking a nice public lake is for sale locally with deeded access (easement). Wouldn't touch it with a ten foot pole!

mark

 

[dodge man]

The truth is almost every property in the USA is burdened by some kind of easement, be it a public road along one side of the property, for utilities etc. Most of these easements, written or unwritten, are along the edge of the property and don't burden it very much, or may actually benifit the property. Property doesn't do you much good if you can't get to it or get power to it. In Mbarbs case, the easement was for another land owner and this can be a problem, that and shared driveways and roadways.

 

[Pete Judd]

Some of those things in the title report are a little old. A timber company has the right to haul logs across my property using horse teams. It was is dated in the 1870's.

 

[toppop52]

It's illegal to buy or sell property in Maryland without a survey, yet somehow people do it and get it recorded using old survey notes, etc... My property borders county property on 2 sides, a road in front,(county also I guess) and one neighbor who's a great guy. The county property can't be developed because it's part of the airport approach clearance. I use it as mine all the time, maybe I'll try a land grab on them!

 

[Gator6x4]

Only one side of the story was posted. The jury returned a verdict against him. The Appeal Court found no problem and upheld the judgment. He was ordered to pay. I don't think a jury, a Trial Judge and the Appeal Court could all been wrong after hearing and reviewing testimony.

So my question is why would what happen make someone sick to their stomach. Every Citizen of the US has rights. No one individual has a right to use/abuse/circumvent the US Judicial system to violate the rights of someone else. The US Constitution affords all citizen of the common wealth the same rights.

 

[RobertBrown]

Only one side of the story was posted. The jury returned a verdict against him. The Appeal Court found no problem and upheld the judgment.

Excellent point.
I had followed the other thread and made a decision not to post there, but I will post here. I'm not questioning anyone's integrity or credibility however, as stated, only one side of the story was given.

 

[greasemonkeyok]

Yep... anything with easement or HOA is out of the question. Nice one plus acre lot over looking a nice public lake is for sale locally with deeded access (easement). Wouldn't touch it with a ten foot pole!mark

HOA, I agree!

Easements, well, you have to look at the specifics of the easement. If you always follow that rule you would never purchase a platted lot in town. Every one that I know of have utility easements and a street easement.

 

[MotorSeven]

Last year I sat on a jury on a civil trial over a boundary dispute. This was between brother and sister and less then 1/10th of an ac between two large acreage farms. 8 hours later all of the jurors except one agreed that it was a frivolous case that should have never gone to trial, much less been dragged out for 5 years. Anyway, we almost deadlocked, but the one juror came around and we ruled in favor via Adverse Possession for the Defendant. I never thought I would ever agree with adverse possession, but in this case it clearly was the right thing to do and gave us a legal reason for our ruling.

Gator, never assume that a court will always rule correctly. Our jury could have easily been composed of 11 other jurors that also would have voted in favor of the Plaintiff and it would have been a travesty of justice. I spent a career in and out of court on the prosecution side and have seen seemingly air tight cases end in acquittals...it happens every day. I think we have the best system in the world, but it is not nor will it ever be perfect.

I'd guess that 95% of easements never present any problems(my wife owns a real estate company here).....but those 5% are total nightmares.