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  #11  
Old 03-07-2017, 08:04 AM
CKM CKM is offline
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if there's already a drive-way in there I would have to believe it has an access easement already.
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  #12  
Old 03-07-2017, 10:26 AM
thump55 thump55 is offline
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Quote:
Originally Posted by CKM View Post
if there's already a drive-way in there I would have to believe it has an access easement already.
It is all one property now, so no easement required. Only after he breaks off the parcel with the house will an easement be needed.
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  #13  
Old 03-07-2017, 06:04 PM
Dixie Dixie is offline
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Default Deed easement

You don't want to own the road as you will be forced to grant easement to others.
Get an easement and let them be responsible for upkeep and maintenance.
Learned this the hard way.
Good luck
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  #14  
Old 03-08-2017, 10:55 AM
dirty underpants dirty underpants is online now
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Quote:
Originally Posted by Dixie View Post
You don't want to own the road as you will be forced to grant easement to others.
Get an easement and let them be responsible for upkeep and maintenance.
Learned this the hard way.
Good luck
The flip side, is what happened in my family. Came to use the property one spring (farming) and found out the owner built a 3 car garage right on top of the easement!

Yeah, I know all you tough guy lawyers out there are licking your chops at this one, and they were too... but the real life, honest, bottom line.... nobody is going to make a new 3 car garage get torn down, no matter how nice and legal the easement is written... and when dealing with large farming equipment, you just can't move the easement over.

If you can't keep up with the maintenance and upkeep of the driveway, then you can't keep up with owning it... and this is coming from someone who owns a driveway that's almost 1/2 mile long, with a culvert over a creek. It's just part of the deal of ownership.

Possession is 9/10th's of the law. I'd rather own it and be in control of who get's to do what... not the one getting told. Especially if something as important as where I am living comes into play.

And yes... 1st step before any of this, is paying your town/county zoning administrator a visit. Even if a township is "unzoned", it doesn't mean that the county may not have general rules/guidelines regardless.
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  #15  
Old 03-08-2017, 12:48 PM
MK cant log in
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Quote:
Originally Posted by Dixie View Post
You don't want to own the road as you will be forced to grant easement to others.
Not necessarily.


Quote:
Get an easement and let them be responsible for upkeep and maintenance.
Learned this the hard way.
Good luck

A properly written easement document will define the rights and responsibilities of the parties involved, including upkeep and maintenance.
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  #16  
Old 03-08-2017, 01:39 PM
Check First
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Quote:
Originally Posted by Dixie View Post
You don't want to own the road as you will be forced to grant easement to others.
Get an easement and let them be responsible for upkeep and maintenance.
Learned this the hard way.
Good luck
That makes no sense. That's like saying you don't want to own your own driveway because if you do you can't stop people from visiting. This road/driveway is access to the residential lot.

On a side note, and based on the OP's posts I assume we will be, make sure everything is done via lawyers and surveyors. I own 40 acres of recreational property with 40 acres of private/cfr (public access allowed) land behind me. It went for sale and my BIL was interested I buying it. While researching the property he found that there was no legal easement to the property. Property is owned by a timber company and is usually sold every 3-5 years to other timber companies. Somewhere along the line the easement wording in the deed fell off. I don't have to allow access and would have needed to legally grant him an easement to his property.

Thankfully he didn't buy it and I didn't have to grant easement because he's now my EX-BIL.
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  #17  
Old 03-08-2017, 03:52 PM
DW DW is offline
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I would prefer to own the access drive rather than establish an access easement so that I would have total control. Alternatively, the parties should sign an access easement that establishes access rights, obligations and restrictions of the parties.

Whatever you do, make sure the document is recorded!!!

There are many jurisdictions that do not allow a division of land in the manner described. Contact the local jurisdiction to determine what subdivision and zoning regulations apply and determine that what you plan to do is legal.
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  #18  
Old 03-09-2017, 06:35 PM
egladding egladding is offline
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My house has 52 acres and is 1000 ft back into the woods. The driveway cuts 2 properties in half. I have the driveway deeded into my property and they included 20ft easement on either side of the driveway in case I had to do any maintenance to the water, power etc.
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  #19  
Old 03-09-2017, 07:46 PM
ozarkeyes ozarkeyes is offline
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You want the easement to "run with the land" (forever atttached) not to you individually. That way future owners of your land will get the easement.
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  #20  
Old 03-10-2017, 05:04 AM
thump55 thump55 is offline
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Quote:
Originally Posted by ozarkeyes View Post
You want the easement to "run with the land" (forever atttached) not to you individually. That way future owners of your land will get the easement.
Yes, for sure. That was one of my concerns with all this...I don't want to have any issues down the road with worried buyers if I want to sell.
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