EASEMENT Questions

[millsan1]

If I read this correctly, you ae doing culvert and bridge work over a stream. If that is the case, an easement is the least of your concerns. The EPA and Army Corps of Engineers could come knocking.

 

[MinnesotaEric]

If I read this correctly, you ae doing culvert and bridge work over a stream. If that is the case, an easement is the least of your concerns. The EPA and Army Corps of Engineers could come knocking.

If it flows into protected waters then all kinds of plans citing Best Management Practices (BMPs) must be submitted to the state Pollution Control Agency to prevent erosion and control sediment during the construction process.

 

[FTG-05]

I'm gonna go against the grain and say you don't really need an attorney or lawyer for something as simple as an easement. I mean, what's the worse that can happen? You spend GoomBaw $$$ to build your home, improve your property and then one day BAM! no more legal access to your property. Big deal, ho hum, whoopie-dip-do.

Besides, I'm selfish: I want to see the +25 page bildo "I GOT SCREWED -WHAT DO I DO!!!!" thread/train wreck 2-3 years from now.

So, please whatever you do, do not get a lawyer, just wing it, it will work out fine, trust me.

 

[2LaneCruzer]

I'm gonna go against the grain and say you don't really need an attorney or lawyer for something as simple as an easement. I mean, what's the worse that can happen? You spend GoomBaw $$$ to build your home, improve your property and then one day BAM! no more legal access to your property. Big deal, ho hum, whoopie-dip-do.

Besides, I'm selfish: I want to see the +25 page bildo "I GOT SCREWED -WHAT DO I DO!!!!" thread/train wreck 2-3 years from now.

So, please whatever you do, do not get a lawyer, just wing it, it will work out fine, trust me.

Good point! But there is this light at the end of the tunnel; there is a legal tenet that says you have a right to access to your property...so after considerable litigation and attendant expenses, the court might order the owner to grant you an easement...of course it won't come cheap, you will have to pay for it!

 

[CobyRupert]

Does OP want a permanent access (easement) across neighbor's land or does he just want temporary access for building purposes?
If the later, couldn't just a contract do? But if the later, how does he plan to get to the building in the future? Might as well build your own bridge.

 

[two_bit_score]

Two things in the OP were red flags: "....in order to do things at the much lower end of costs...." and "..the cheapest way.".



No thanks.


TBS

 

[GGB]

Unless you are planning to pay cash for any improvements, I'd suggest first discussing what legal documents will be required by the lenders. You may find that a lender will require the easement be recorded by appropriately licensed persons, i.e. surveyors and attorneys.

 

[FTG-05]

Good point! But there is this light at the end of the tunnel; there is a legal tenet that says you have a right to access to your property...so after considerable litigation and attendant expenses, the court might order the owner to grant you an easement...of course it won't come cheap, you will have to pay for it!

You know that was a mixture of humor and sarcasm - right? Please don't tell me my humor was that subtle. I thought for sure the "Goombaw $$$" would give it all away.

 

[oosik]

I can imagine few situations that have more challenges than this one. Perhaps it will provide educational reading for those wanting to purchase rural land and the problems that can be encountered. As we can see - its a whole lot more than just constructing a driveway.

 

[2LaneCruzer]

You know that was a mixture of humor and sarcasm - right? Please don't tell me my humor was that subtle. I thought for sure the "Goombaw $$$" would give it all away.

Oh, you came through loud and clear. My point, though was a valid one. It's one thing to own property, it's another to be able to get through it without trespassing, so the law says that you have a right to access it, even if you have to force a surrounding land owner to grant you an easement...but it doesn't mean that it will be free. Some easements can be obtained by conscription (squatter's rights) if the access has been used for many years.