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  #1  
Old 03-06-2017, 09:56 AM
thump55 thump55 is offline
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Default Deeded access/easement

Long story, but looking at buying a residential property that would require an easement for me to access.

The driveway is already in place. (The home and a few acres are being broke off a larger chunk, but home is set off road about 300 yards, so home owner would not have land adjoining the road)

Just wondering if anyone has been down this road, maybe learned some lessons good or bad that might help me watch out for any pitfalls.
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  #2  
Old 03-06-2017, 10:18 AM
MK cant log in
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Ask the local zoning authorities (city, county) if there is a specified minimum frontage for the new parcel. Some areas require a minimum road frontage, 25', 50', etc. for any 'flagpole' lot. Also, find out if the road frontage can be an easement or if it has to be a fee simple transfer, i.e., not an easement. Some areas are very casual and have no specific regulations; some are Nazi-like. Your local planning and zoning commission and/or the county surveyor can give you the requirements.

Get a surveyor to provide a legal description for the access area and have an attorney prepare the ingress/egress easement documents so they can be recorded.

Also, FYI, in case there will be financing, some lenders require the driveway to owned outright (fee simple) and not simply an easement access. I would insist on ownership of the land and not simply an easement if I was going to buy something like that. An easement will provide you access but it still allows the property owner to use it (or abuse it).

Definitely get an attorney involved to protect your access; very strange and unpleasant things have resulted from poorly worded or informal property access agreements.
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  #3  
Old 03-06-2017, 10:20 AM
Ozark Bob Ozark Bob is online now
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MK has all the info you need. Bob

Last edited by Ozark Bob; 03-06-2017 at 10:23 AM. Reason: Saw prior reply
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  #4  
Old 03-06-2017, 10:28 AM
LOW1 LOW1 is offline
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Access easements are not unusual. Several things to keep in mind: (1) have a signed written agreement recorded with the county land records to establish your easement (2)Make sure this written agreement covers all the terms you want covered. For example, what are the dimensions of the driveway? (A plat of survey showing the same is a good, but expensive, idea) Who will maintain the easement area, remove snow, etc. Will the easement be limited to just your use or could it be expanded to other people and/or used for other purposes such as commercial development or utilities? The key is to define the use that you are comfortable with and to avoid the easement being used for logging trucks or other future uses that you don't want. Remember that as holder of an easement the property remains owned by the person who granted you the easement so you want to make sure that future uses of the easement area don't disrupt your enjoyment of your property or the easement.

Finally, people sometimes forget that if there is an existing mortgage on the easement area that your easement would be subject to this mortgage and could be lost if there is a foreclosure. So, do a title search on the easement area and make sure that there are no other liens or claims to it.

And I would recommend springing for the cost of a survey and plat showing exactly where the easement is.
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Old 03-06-2017, 12:38 PM
3M TA3 3M TA3 is offline
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Well first, are you buying the land from the person that broke off the chunk with the driveway installed.? If you are,than the easement can be negotiated into the purchase agreement and recorded at the same time the purchase is made. The title company should be able to work out all of those details for you. Certainly a real estate attorney is an option as well, especially if you're going to sink a lot of money into it after the purchase making improvements/building a home.
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Old 03-06-2017, 02:32 PM
thump55 thump55 is offline
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Quote:
Originally Posted by 3M TA3 View Post
Well first, are you buying the land from the person that broke off the chunk with the driveway installed.? If you are,than the easement can be negotiated into the purchase agreement and recorded at the same time the purchase is made. The title company should be able to work out all of those details for you. Certainly a real estate attorney is an option as well, especially if you're going to sink a lot of money into it after the purchase making improvements/building a home.
Yes, same guy and it would be done at the time of purchase.

I am wondering if it would be better for me to try and get more land so I would own the driveway and he would have to use it to access his land. That would seem safer to me.

Thanks for all the input. I know a lawyer will have to be involved, I just wanted to make sure I knew some things to ask about...lawyers are far from perfect.
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Old 03-06-2017, 02:54 PM
LOW1 LOW1 is offline
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Quote:
Originally Posted by thump55 View Post
. . .

I am wondering if it would be better for me to try and get more land so I would own the driveway and he would have to use it to access his land. That would seem safer to me.

. . . .
Probably, but you still should have a definite written agreement re: who can do what and what the limitations are on the use of the easement, etc. And you should still have the survey.
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Old 03-06-2017, 03:37 PM
thump55 thump55 is offline
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Originally Posted by LOW1 View Post
Probably, but you still should have a definite written agreement re: who can do what and what the limitations are on the use of the easement, etc. And you should still have the survey.
Oh we will definitely have it all in writing. I don't foresee any problems as long as the two of us are the landowners, but I don't want to have any issues down the road if he were to sell or I was trying to sell my property.

Thanks again for all the replies....good stuff.
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  #9  
Old 03-06-2017, 03:43 PM
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CI_Guy CI_Guy is online now
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My parents purchased retirement property that had an access easement across the original owners property. My father and the property owner started with a standard contract and negotiated some changes and additions they felt were necessary. When my father had an attorney look over the agreement, the lawyer didn't even have to read it before turning to specific pages and highlighting 3 items that should be changed. The lawyer then rewrote the agreement, had it approved by the sellers attorney and they were lucky enough that neither party ever disputed how the easement was used or maintained.
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  #10  
Old 03-06-2017, 07:49 PM
FishManDan FishManDan is online now
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Default Driveway

Be cautious just because there is physically a drive way does not necessarily mean that is a legal driveway. Check with the local road commission to verify if a driveway was permitted.

Of course deed search for other restrictions and easements.

Look for proposed other items. Read about a guy whom bought property and built a dream home. He was pretty upset when a pipeline went through the backyard within 50 ft of his house.
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