I have an easement on one side of my property - 60 ft. wide that runs the length. This easement is for a

Eric
Other/Just Looking
66619

future driveway to reach property for sale behind my property. My question is this..do I own the easement section? I believe I do. The person for whom the easement was provided (owns the property behind me) has put stake along the easement boundary on my side of the easement. Can he do this?

Answers (3)
Jmorgan54
Other/Just Looking
Topeka, KS

The question that comes to my mind is is the property going to be developed commercially, and does that developer have the right to build a road/street over your property to allow ingress/egress to his property. if so, that could mean that there is a plan to build a street ... Or at a minimum, a drive two lanes wide plus curb and gutter which will change dramatically the character of your property. Sixty feet seems to indicate a street, but you will have to check it out. Talking is always good, and I would definitely do that. The documents granting this easement should also be in the Public Record, if he seems uncooperative. I would absolutely want to know what is happening, and what my rights are, and if they have been violated. Start with the Register of Deeds office in Shawnee County if that is your home. Hopefully you will not need to consult an Attorney ...

Tue May 19 2009, 09:30
Salt Lake Agent...
Agent
Salt Lake City, UT

I agree with talking to the neighbor first and work out a solution. They have the right to use it for ingree and egress to their property (I ahve not seen tthe papers).

60 Ft width seems excessive to me. .

Fri Oct 26 2007, 17:12
www.themlshu...
Broker
Roseville, CA
FIRST ANSWER

Hi Eric. The part of the property that is designates as the easement is still part of your property. An easement creates an encumbrance on the property of the owner who granted the easement (called the servient property). I would think putting stakes along the easement is reasonable as the person who benefits from the easement will want to make sure that he does not use an area outside the easement. You could talk to the neighbor and suggest alternative methods of marking the easement boundaries. If you don't like the stakes, maybe marking the boundary with spray paint would be less invasive. In my opinion, this is a perfect chance for you to get to know your neighbor and set the tone of your future relationship, which hopefully will be pleasant.

Web Reference: http://www.theMLShub.com
Fri Oct 26 2007, 12:20

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