Property lines/easements

[USAFpj]

My Uncle posed this question to me, and aside from getting an answer from my land surveyor, what are your thoughts on it? I'm thinking an easement document will have to be drafted up between the (2) owner's, who happen to be family members. His goal is to divide the log road and culvert bridge in half, allowing passage by either.

"I'd like to find out in SC, if a private road has a property line down the center of it (such as the culvert crossing on logging road), I want to make sure neither party can refuse passage to the other party? I know that sounds crazy, but I would like to know. Another words, each party is automatically entitled to right of way. This would help me on marking the line."

 

[oosik]

There are many, many items that must be considered when talking about dual access to one piece of property. A surveyor may be a good starting point but, unfortunately, it will probably end in a discussion with an attorney. I can almost guarantee the "laws of land/access" vary between states and any answer I could give would only apply to my local.

No, unfortunately, your concern is not the least bit crazy. An easement document is between two or more parties. The owner(s) of the land grant easement to another party(s) to use a section of their land, as described in the easement, to construct & maintain access (a road) into, across and onto a property or adjoining property. This "granting of easement" usually runs with the land(lasts forever) and passes on to heirs, assigns, grantors etc.

As you can see the easement can be granted equally to multiple parties. There is no need to divide the road etc.

Sounds like the beginning of a beautiful relationship - - good luck.

 

[s219]

Dividing in half is probably not real feasible -- that only works for stuff like sandwiches. Instead, there can be a shared access easement that covers the entire road width. Normally, the line would be set to one side of this easement, which then eats into one of the properties. If acreage is an issue, locate the line and easement so that it balances the want you want.

In my section of the county, there are a lot of easements. In some cases, access to property B is through an easement on property A. In other cases, with access to multiple properties through other properties, each property has a narrow utility easement to the main road (in parallel, like stripes) and a common road easement that passes through the properties. Each property owner owns all their land, but the easements going through their land give utility and access rights to others.

I know this stuff gets messy in some cases, but an easement is what is needed. Dividing a road in half would probably be frowned upon, and it can fail if any of the parties decide to restrict their half. I'd suggest separate driveways before splitting a road into halves. An easement lets you keep the current road and designates its use. Anyone buying the properties will have to acknowledge and agree to obey the easement.

 

[USAFpj]

Thanks for the detailed, and quick reply. Just to ensure that I'm not confusing the subject, as of now, there are NO property owners. A large parcel is being sub-divided for (3) siblings, and my Uncle would like for the property line to divide this log road. Is it still smarter to give the road to just (1) of the siblings, then do an easement document for the other sibling?

 

[Capricious]

If I understand the question correctly, you are talking about subdividing a property which has not yet been subdivided, and how should an access road straddling both properties be set-up??

If that is the case, and assuming you want a right of way, say, 50 feet wide in total, you can record a 25 foot easement on each property. That is what was done here, for example:
http://www.ozarkland.com/Zach'sMountain/4/PortfolioGallery/Plat.jpg



The wording of the easement is important; for "ingress and egress" limits use of the easement to just that. Also, who takes care of maintenance?

What about the future running of utility lines? This would also be a good time to consider any restrictions, "set-backs" and so on. Also, any possibility that some time in
the future this road may be turned over to the county? Maybe the land might be further subdivided? does the right to use the easement extend to all future owners of
any portion of the parcels?

Setting it up correctly now will save many many headaches in the future. Litigation over "private" roads keep rural lawyers in profits.





EDITED TO ADD: Here is another plat where the access roads are basically an easement running along the boundaries of the properties, with an equal portion of the easement to each side of the boundary:
Plat Maps

I am showing these plats simply because I happen to be aware of them.

I have property that I am considering subdividing into (5 ) parcels, and the access road will be set-up in this manner: 25 feet of easement to each side of the boundary.

Keep in mind that at some point some or all of this land will be sold out of your family. While an informal agreement may work amongst family, it will probably not work between strangers, and such issues can greatly affect the future value of the property.

 

[newbury]

State law rules.

In Mississippi all land is accessible. I've a remote property that borders an 80 acre landlocked parcel. A forestry operation cam in and cut a road thru my 6 year old pine and even put up a log landing without asking. I didn't discover it until I saw it on Google maps. My lawyer and the state forester said there was nothing I could do that would be worth while.

In Vermont it's not the same.

Yet in Mississippi ALL land is automatically NO TRESPASSING, in Vermont land HAS to be posted.

 

[Capricious]

Some "light" reading on South Carolina easement issues @ South Carolina Lawyers Weekly:

Easement | South Carolina Lawyers Weekly

 

[2LaneCruzer]

If I understand the question correctly, you are talking about subdividing a property which has not yet been subdivided, and how should an access road straddling both properties be set-up??

If that is the case, and assuming you want a right of way, say, 50 feet wide in total, you can record a 25 foot easement on each property. That is what was done here, for example:
http://www.ozarkland.com/Zach'sMountain/4/PortfolioGallery/Plat.jpg



The wording of the easement is important; for "ingress and egress" limits use of the easement to just that. Also, who takes care of maintenance?

What about the future running of utility lines? This would also be a good time to consider any restrictions, "set-backs" and so on. Also, any possibility that some time in
the future this road may be turned over to the county? Maybe the land might be further subdivided? does the right to use the easement extend to all future owners of
any portion of the parcels?

Setting it up correctly now will save many many headaches in the future. Litigation over "private" roads keep rural lawyers in profits.

True. Keep this in mind; an easement is simply a right to use the property, it does not normally imply ownership to the land itself. Under common law, and most statutory law, a land owner has a right to access his property, even if it is landlocked. This means that the surrounding landowners, by law, have to allow the landlocked owner to drive through their land whether they like it or not. It does not mean that it's free; they may have to pay for it, and it may take a judge to make it equitable.

You might think about making the easement run with the land, that way it wouldn't go away if and when the land is ever sold. This might also be an important factor in determining where to place the easement.

 

[USAFpj]

Hey Capricious, let me know what the site says, then just give me the 'Cliffs Notes' version:laughing:.

Seriously though, thank you very much for the links and replies. I still can't get over how informative this site has been for me.

 

[Capricious]

Other things to consider: You mention a "logging road." Do any unrelated property owners utilize this same road? Has "the public" been using this road? A road can become a "public road" a lot easier than many people consider, depending upon state law.