Before deciding to grant your neighbor an easement, you need to understand what kind of easement your neighbor is requesting. An easement appurtenant is an easement that runs with the land, which means it will be binding on whoever you or your neighbor sells your land to at a later date. A common example of an easement appurtenant would be allowing your neighbor to build a driveway that cuts through your property in order to reach their own.
An easement in gross is an easement you grant to a specific person. A reason to grant an easement in gross may be to allow your neighbor to fish on your land or allow their cattle to graze in your pasture. Whichever kind of easement is requested, it will need to be memorialized in writing and recorded at the County in which the land lies.
Easement appurtenants can make it more difficult to sell your own land in some cases. Not every potential buyer will be pleased with the prospect of having a section of their new land encumbered and used by someone else. Before granting an easement appurtenant, you may want to consider whether it would be more convenient to section off and sell the part of your land that your neighbor requires. They can. If the easement holder agrees to terminate, it could be a smoother process.
And in some cases, easements have an expiration date this would be stated in your deed , so that could be good news. Other cases are challengeable, but harder. Group Created with Sketch. Back to Buyer Guides. These technically benefit a property. You may be surprised how much an attorney would take care of this for you. The map is the same layout as before, and the release gives access along any road, street, or highway on the 30 acres.
It says nothing about access along lot lines. It also appears to limit the number of poles, and the amount of trimming that can be done. So DH called and left a voicemail. Paraphrased-- "You were supposed to provide us with a document showing you had access to our side property line. Either you left that document out, or you were misquoting Your map does not show the layout we discussed, which you said would not be a problem, and goes on for an indeterminate length. I'm letting the answering machine take all our calls today!
DH took all the papers to work with him today, and we have the number for an attorney in that area. I left a voice mail and said XYZ is a lost cause if the other party says they never got the message. We have to give them written approval to go underground. They can't do it without that, so voicemails saying no are fine. They have moved the line more to minimize tree trimming, and they will run a cable underground from the new transformer, to our house, now, which will be hooked up free when we want it.
Upgraded papers and maps are being sent. A registered letter stateing they will lay the cable will be sent. DH didn't like the idea of poles and overhead wires on the property line, and the company rep agreed it would be cheaper to run the cable to us then to install poles and overhead wires. I say may have, because we need to look at the paperwork, and the rep. If they agree, then we get some benefit from this deal.
If the cable run to our house is turned down, then we will not allow the easement, and they will just have to put in poles, or figure a way to snake an underground line completely on the other owners lot.
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Any suggestions for questions we should ask, things we should consider? Email Save Comment Featured Answer. Like 1 Save. Sort by: Oldest. Newest Oldest. Like Save. Linda 12 years ago. Remember that according to Pioneer Pools larger dogs with hair may require you to shock the pool after their fun as 1 dog is like having dozens of people in the pool.
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It seems like an expensive gamble to me. I would try some other less expensive and permanent things first. For what it's worth, we had a similar problem huge playroom downstairs, but the kids always wanted to be up with me. We made the playroom as inviting as we could for them -- they picked out the paint color, we got some nice rugs and lights, organized the toys, etc. So I would sit down there for a few minutes, and then tell them I needed to quickly go upstairs for something to move a load of laundry, grab something, whatever , and asked them to stay.
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Then let them. I cannot state this too strongly: Don't do this. You'd be giving up property rights that you'd never be able to back. Don't give this easement. I wouldn't do it unless they make it worth it for you financially, which is unlikely. Make sure it's spelled out. They can run the distribution lines a little further. Their is an 'easement of necessity' or service to your house. Most likely any powers the developer had have ended.
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