Docsknotinn
Veteran Member
Mike, yes I understand it is confuseing. More precisely it is subject to interpretation. I dont want to confuse my situation with this strand. My easement is recorderded on ALL property owners deeds. 33' per owner or 66' total is the right to ingress and egress. The current width of the road is moot. This is done so should the road be paved, widened or utilities run there will be adequite room in the future. In my personal situation I dont buy without a complete survey to protect myself. Once a Blaze line is set that ends all boundry disputes. It seems many are stuck on ingress/egress and time lines. the time line thing is really a moot point. If my neighbors own a foreign sub compact now the 10' may be adequite for them. If they buy a dump truck or a motor home in the future it will not be. The purpose of a easement is clearly to be able to use it. Otherwise we would simply write the deed for a 10' easement not 33'. There is a express and implied warranty that If it is needed they have the right of way to it. In this case I dont see any one winning other than the grassy knoll which is obviously in need of court resolution. This fellow is just going to go out and buy a Bus so he "NEEDS" to widen the road. Theres been a Lot of toes stepped on and a LOT of side issues that apparently led to this case. I see a more valid complaint being, They cut the Timber and sold it for market value. The Timber was on a easement but is still my property, thus I am owed damages. You will not however recover triple damages because some one attempted to cut the trees down in the middle of the judicial process. But Its all good for our TBN hero as the other guy is just going to tee off the judge. I cant see the road from where I'm setting but I have never heard of a easement with a speed limit. Perhaps it is a insurance regulation but 7 Vs 15 mph is just NOT worth fighting about. Are speed bumps really neccessary ? Then there is the issue of the barn. This should have been surveyed by our hero at the time of his purchase and dealt with then. But hind sight is always 20/20. So I personally would get rid of the silly speed bumps and raise the limit to 15. This is silly stuff and ya gotta throw the dog a bone. Put the cheap mirrror up and do it for your own protection not his. Why ? The barn is on the easement. That is really our Heros problem not the other fellows. Putting the mirror up will at least limit his potential liability if the old codger gets really cagey, hits a speed bump, goes out of control and whacks the barn. LOL. Now our hero with have a suit with real meat for personal injury. I just see it going ad nauseum with no True resolution. I mean honestly, we are talking about 10' extra. I can honestly say from the firm we use there would be several thousand dollars invested at this point and I wouldnt want any insurance counselor handeling my affairs. They are only interested in keeping costs low. I do hope the best for our hero. This has already been very helpfull to me just to see every ones views on easements. Dave
