Easement question

[Ridgewalker]

Need some help. I have another thread on a recent land purchase that
has two easements (gated); one at the top of a old logging road and one down
in the bottom on the other side of a creek. They each have their own separate
entrance off the highway.

I now have a dilemma thanks to a call I got this AM.
The same person owns the land I cross to access both
gates. That person is saying that only the upper easement is
valid and I can't use the lower one. This is an issue because the lower
easement lets me access the little bit of bottom land on the parcel. It's so steep
you can't get to the bottom from the top with any type of equipment.

There is an existing road that's been in place over 10 years and used to access
the land in question. The easement owner says it's only good for a 1/4 acre parcel
with an old river shack on it that's next to this parcel.

Has anyone ever seen land with two easements due to terrain restrictions?
This was setting up to be a sweet deal and now this. If I can't access the bottom
I may need to kill this deal. I do have that right written into the contract.

Title search is underway.

 

[smstonypoint]

Title search is underway.

That's going to answer your question.

Steve

 

[hawkeye08]

Agree, expect the answer back with the title search... I would be ready to challenge if needed.. The guy giving you trouble probably wants the land himself or a friend... chase you away if he can it sounds like.

 

[vtsnowedin]

Agreed. The owner can only sell you what he bought as shown in his deed or deeds, minus what he has already sold off. If that easement or Right of Way is not shown in a deed conveying it to him ( not the owner of the shack) then he can't sell it to you. The owner of the shack could if he has title to it.

 

[Ridgewalker]

Thanks for the comments guys! VTSNOWEDIN - The owner of the shack is the person trying to sell me the parcel. He does have an easement on his deed, are you saying he may be able sell me an easement based on the one on his deed?

My other thought was to buy the shack as part of the deal.

The owner lives out of country and comes back once every six months. He said he isn't ready to give it up just yet, I'm even thinking about offering to give him a life time pass to the shack if he would include the 1/4 acre the shack is on.

I will figure this out!!!

 

[vtsnowedin]

Sounds reasonable. I see a lot of that kind of thing with estate planning. You sell the property to however you want it to end up with but retain the right to use it or occupy it for the rest of your life. Consult a local lawyer as state laws vary somewhat. You will need him anyway to draw up the deed properly.

 

[Ken45101]

A lot depends on individual state law. You might still have access even without the easement if the road has been in use for many years. Again, it depends on individual state law. Let your attorney look into it.

My wife had some land with a similar issue. The side where the mobile home was located needed access via adjacent property and it had been in use for years. I forget the details but the "no access" claim of the neighbor didn't hold up legally.

 

[MossRoad]

Need some help. I have another thread on a recent land purchase that
has two easements (gated); one at the top of a old logging road and one down
in the bottom on the other side of a creek. They each have their own separate
entrance off the highway.

I now have a dilemma thanks to a call I got this AM.
The same person owns the land I cross to access both
gates. That person is saying that only the upper easement is
valid and I can't use the lower one. This is an issue because the lower
easement lets me access the little bit of bottom land on the parcel. It's so steep
you can't get to the bottom from the top with any type of equipment.

There is an existing road that's been in place over 10 years and used to access
the land in question. The easement owner says it's only good for a 1/4 acre parcel
with an old river shack on it that's next to this parcel.

Has anyone ever seen land with two easements due to terrain restrictions?
This was setting up to be a sweet deal and now this. If I can't access the bottom
I may need to kill this deal. I do have that right written into the contract.

Title search is underway.

Just because he is saying you can't use the lower easement doesn't mean its true.
See what the title search reveals and adjust accordingly.