Can You Change the Width of the Original Easement

[Havener]

My question involves an easement in the state of: OH
Our property is back a lane with 4 other homes on it. We have an easement agreement with the owner of the front property owner that has been in effect for over sixty years. 3 of us have never had problems with the grantor but one family is always in conflict with him and everyone else. They now want to approach the grantor and demand the easement be widened to accommodate 2 vehicles. They say it is for safety sake but in reality it is because they continue to buy bigger farm equipment. Can they do this? The rest of us are fine with the way things are and don't really want to end up in a conflict. Right now they have one of their tricks parked on our property (for three weeks) without permission. When they are harvesting crops they have told me they have a right to park their equipment on our property next to the lane because there is a 17 ft. Rule.

[Mr. Knowitall]

If their easement is for a 20' road, and the present use is only 10', they are probably going to be able to expand the road. If the present road is already at the maximum width permitted under the easement, it is what it is. What's the granting language, and what are the relevant facts?

[Havener]

I have to dig out me deed but I believe the original easement is 12 foot. What other facts would be considered relevent?

[Mr. Knowitall]

The width of the road they have, the width of the road they want, whether there's anything else relevant (e.g., the fire department insisting on a wider road), etc. Anything relevant.

[Havener]

The width they have now is 12-15 feet. They want 30 which would take out 2 of my 50 year old trees. The local fire department (volunteer) has no objections to the current width. They have been able to get their equipment back the lane when there was a brush fire.

[yyz0]

They now want to approach the grantor and demand the easement be widened to accommodate 2 vehicles. They say it is for safety sake but in reality it is because they continue to buy bigger farm equipment. Can they do this?

Sure, why not? They can demand anything they want but that doesn't mean they will get it.

Right now they have one of their tricks parked on our property (for three weeks) without permission. When they are harvesting crops they have told me they have a right to park their equipment on our property next to the lane because there is a 17 ft. Rule.

If the truck is obviously parked outside the lane and on your property then try calling the police to have it towed. Most likely the police won't do anything about it but you have nothing to lose by trying. If the easement is for ingress/egress only then they have no right to park anywhere within the easement and certainly no right to park outside the easement on private property.

[Newtons_Apple]

When you write "12-15 feet", I assume you are referring to the width of the actual pavement.

What does the deed read concerning the deeded width of the easement? This width may or may not be wider than 12-15 feet, but it is the most relevant fact in this situation. I know you wrote you believed that it was 12 feet, but we'd like to know the actual value, not a guess. Also, the word for word language in the deed for the easement would be useful.

If the deeded width (in other words the width written in the deed) is 12 feet, or any other number less than 30 feet, then the neighbors cannot widen the road to 30 feet. Even if the deeded width is 30 feet, they still may not be able to use the entire width because of drainage concerns, etc.

Please respond with the width and if possible the granting language, once you have found it. Thank you.

[Havener]

I will get the exact language from the deed on Monday. I do know it the easement is for ingress and egress and has been in place for over 60 years.

[Havener]

The exact language in the "Road Agreement" as stated on the document filed at the court house reades. This mutual agreement made and entered into on this 3rd day of March 1923 by between and among Howard Irwin, Elizabeth Irwin, Martin Alvay and William Eichhorn Witnessath: That Whereas this said Howard Irwin and Elizabeth Irwin are the owners of the northwest quarter etc. etc. excepting a cemetery and land used for road purposes and whereas this said Morris Alvay and William Eichorn are said owners of tracts of land about fifty acres more or less in the southwest quarter of said section twenty one the land of said Eichorn lying along the east side of said quarter section and the land of the said Alvay adjoining the same on the west and whereas the said Howard Irwin and Elizabeth I Irwin and the said Morris Alvay and William Eichhorn are the owners of separate tracts of woodland located in the northwest quarter of section twenty eight etc..

Whereas for more than fifty years last past a roadway about seventeen (17) feet in width has existed over and through the lands of said parties commencing at what is know as the ........ Road on the lands of the said Howard Irwin and Elizabeth Irwin and extending thence southwardly across the lands of Howard Irwin and Elizabeth Irwin to and upon said tract of land owned by said Morris Alvay and thence running a southeastarly course overand across the lands of the said Morris Alvay and onto the lands of the said William Eichhorn and thence continuing southwardly along the west line of the lands of said Eichhorn to a point eighty rods south of the north line of said southwest quarter of sectioin twenty one aforesaid wich point is about opposite the present swelling house of the said Morris Alvay and whereas it is now desire to place a mutual agreement that said road or right of way shall be continued for the joint use of all of the parties to this agreement for ingrass and egrass to and from said >>>>>Road. Now therefor it is hereby mutually agreed by all of the parties hereto that the said road here in before mentioned and described about seventeen (17) feet in width shall be forever or hereafter left open for the joint use of all of the parties to this agreement their heirs successors and assigns proveded how ever that the gate erected and maintained by the said Howard Irwin and Elizabeth Irwin at the north of said road or right of way where it enters the ........Road shall be closed whenever used by any of the parties hereto their successo or assigns excaping to the public road. The gate existing between the lands of said Irwins and Alvay shall also be closed when used by any of the parties hereto. It is futher mutually agreed by the parties hereto that this agreement shall be placed on record for the mutual benefit of all the parties hereto their heirs and assig,s. It is then signed and notorized.

Am I correct in assuming that 17 feet is the width period.

[Newtons_Apple]

Yes - it appears that the easement is 17 feet in width.

So it appears that they do not have a right to a 30' easement; and you are under no obligation to grant them a 30' wide easement. As yyzo mentioned, they can demand all they want but it doesn't mean anyone is going to give it to them. Keep in mind that the neighbors would likely have to receive separate agreements from each landowner allowing them to expand the easement.

But, they likely do have the right to expand the width of the actual road to 17' if it is currently less than that. (I'm referring to the afore mentioned 12-15 feet.)

Also, the easement is for ingress and egress only; there does not appear to be any language allowing them to park (in the easement.)

The final thing I'd be on the lookout for would be for them to begin trying to "creep" the size of the road beyond the easement. Given enough time and non action by the landowners, the neighbors could possibly succeed in an adverse possession or prescriptive easement claim. The time frame in Ohio is twenty years, but it is something to keep tabs on. If the neighbors continue to cause problems, and you don't already have a survey, you may want to consider hiring a surveyor to mark the location (and extents) of the easement. After all you can't defend your land if you don't know where it is. You may be able to share the cost of this work with the other (amicable) landowners.

Good luck.