Quality of Life in Topeka>Question Details

Eric, Other/Just Looking in 66619

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

Asked by Eric, 66619 Fri Oct 26, 2007

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?

Help the community by answering this question:


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.
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2 votes Thank Flag Link Fri Oct 26, 2007
Ute Ferdig -…, Real Estate Pro in New Castle, DE
No, you don't probably.
These were called flag lots. This was legal in the past and some ground was
divided up this way. It is not an easement, it is an owned strip of ground used
for access to the property behind you and is owned by the party behind you.
Les ashbaugh (lashbaugh@cox.net) This is true in most cases but I would
be glad to look up the information for you and get you the facts at no cost to you.
I am a licensed realtor in the state of Kansas.
0 votes Thank Flag Link Wed Jul 21, 2010
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 ...
0 votes Thank Flag Link Tue May 19, 2009
I would ask the County Planning Dept. what their take is on this issue and then ask your neighbor over for a cup of coffee to discuss the answers. My son is a County Planner and gets these questions every day.
Flag Fri Oct 3, 2014
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. .
0 votes Thank Flag Link Fri Oct 26, 2007
The property behind yours probably has been granted the easement for ingress & egress purposes. The problem that sometimes occurs is that the easement grantee begins to use the property around the easement as his own. If you do
nothing to end this for a number of years, the property becomes that of the transgressors through adverse possession. The usage must be open & continue for an extended period of time (5 in California, 15 in Ksnsas, e.g.). Since I'm not an attorney, I don't want to offer legal advice. I suggest you contact a real estate attorney if you have questions about this easement & the use of stakes.
Marcia Kelly
Keller Williams, Topeka, KS
Flag Thu Nov 7, 2013
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