hunterridgefarm
Veteran Member
- Joined
- Jul 12, 2005
- Messages
- 2,117
- Location
- Western NC
- Tractor
- Kubota L3130DT, Kubota L185DT, JD LX277
Easement Issue:
Quick History: We own 3-4 parcels of land and decided on the 45 ac tract to build our house on. We liked it because it had lots of road frontage and the river bordered most of the back of the property. We had three tracts of land that bordered us on one side and part of the back corner. The property was divided by a driveway that accessed the neighbor's property behind us and had been there for 75-100 years. No easement or ROW documented.
I made a point to meet this neighbor when I was clearing land for our house 5-6 years ago and we hit it off great. Lots of the same interest and both like the privacy our property offers and both were concerned about each others property being developed.
Jump ahead 5 years and he needs a bank loan to remodel and add on to his house. He came to me and said the bank required a ROW or easement and wanted 30'...? Having a little experience with deeded ROW's I said: " I knew at some point you would need an easement. And we can go about this a couple of ways. We can go to court and you would win since the road has been there so long, but you may not get exactly what you want. We will both spend money unnecessarily and a friendship will be damaged. I will give you a 25 ROW/easement with stipulations."
The reason I could get by with stipulations is his property connects another state maintained road with what can be considered a cart path. But also expensive to cut another road in.
We talk at length about the ROW and my main concern was someone developing his property should he ever sell or lose it. A camp ground was interested in buy my tract and his at one time, also before we purchased our land someone I know was looking to buy it and sell housing lots. He never plans on selling and neither do we but you never know what life we deal you.
The 25' is good enough for the bank but most require at least 30'. The deeded ROW requires that if his property is ever sold, no commercial business can be started as well as housing developments, camp grounds, etc. or the ROW if null and void and a new road must be cut where the property meets the other state road. No changes to the road such as culverts, ditches, etc can be made to the road without written consent from my wife and I or our heirs. This is valid until the year 2100.
I did agree that his 2 sons could build homes on the property without it effecting the easement. And we agreed he can do what is needed to the road.
This was not all one sided as he had input and agreed to this. Both of our attorneys said this was great and they wished more clients would sit down and discuss things like this and put it in writing.
With some of the bad neighbor stories I have read on TBN I thought one where neighbors get along and agree on things would be worth writing about.
Quick History: We own 3-4 parcels of land and decided on the 45 ac tract to build our house on. We liked it because it had lots of road frontage and the river bordered most of the back of the property. We had three tracts of land that bordered us on one side and part of the back corner. The property was divided by a driveway that accessed the neighbor's property behind us and had been there for 75-100 years. No easement or ROW documented.
I made a point to meet this neighbor when I was clearing land for our house 5-6 years ago and we hit it off great. Lots of the same interest and both like the privacy our property offers and both were concerned about each others property being developed.
Jump ahead 5 years and he needs a bank loan to remodel and add on to his house. He came to me and said the bank required a ROW or easement and wanted 30'...? Having a little experience with deeded ROW's I said: " I knew at some point you would need an easement. And we can go about this a couple of ways. We can go to court and you would win since the road has been there so long, but you may not get exactly what you want. We will both spend money unnecessarily and a friendship will be damaged. I will give you a 25 ROW/easement with stipulations."
The reason I could get by with stipulations is his property connects another state maintained road with what can be considered a cart path. But also expensive to cut another road in.
We talk at length about the ROW and my main concern was someone developing his property should he ever sell or lose it. A camp ground was interested in buy my tract and his at one time, also before we purchased our land someone I know was looking to buy it and sell housing lots. He never plans on selling and neither do we but you never know what life we deal you.
The 25' is good enough for the bank but most require at least 30'. The deeded ROW requires that if his property is ever sold, no commercial business can be started as well as housing developments, camp grounds, etc. or the ROW if null and void and a new road must be cut where the property meets the other state road. No changes to the road such as culverts, ditches, etc can be made to the road without written consent from my wife and I or our heirs. This is valid until the year 2100.
I did agree that his 2 sons could build homes on the property without it effecting the easement. And we agreed he can do what is needed to the road.
This was not all one sided as he had input and agreed to this. Both of our attorneys said this was great and they wished more clients would sit down and discuss things like this and put it in writing.
With some of the bad neighbor stories I have read on TBN I thought one where neighbors get along and agree on things would be worth writing about.
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