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  1. #1
    Join Date
    Oct 2007
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    1

    Default Help Interpreting Easement Language In a Deed

    Hello. My neighbor and I both have 20 acre rectangular lots. Both lots touch state route 63, and there is a gravel easement road that runs from rt. 63, and zig-zags through the middle of my property, and through the upper portion of his property. His driveway comes off rt 63, mine comes off the easement road. Recently he divided his property in half and built his son a house on the upper half. Since then he has been driving from his house, across 75 feet of my property to get to the easement road to go up to his son's house. He is doing this instead of going down his driveway to rt. 63, and coming up the easement to his son's. I told him to stop driving through my property, but he says that he has the right to do so, and if I want him to stop, I'll have to take him to court...

    Concerning easements his deed says: "Together with, a perpetual, unobstructed easement of right of way 50 feet in width over, upon, above, below, and across the "50' R/W" depicted on aforesaid plat, for purposes of ingress to and egress from State Route 63 and subject property, and for the installation, maintenance, replacement and repair of utilities to serve the subgect lot."

    In addition: "Subject however, to an easement of right of way of 50 feet in width as depicted on aforesaid plat, here reserved by the Grantor, its successors, and assighs, for ingress to and egress from lot 7 and State Route 63, and for installation, maintenance, replacement and repair of utilities to serve lot 7."

    My deed says: "Together with and subject to a non-exclusive perpetual, unobstructed easement of right-of-way 50 feet in width over and across the "50' R/W, along CL existing road," as depicted on aforesaid plat for ingress to and egress from lots 5, 6, and 7 and State Route 63 for .....utilities."

    The "50' R/W on the plat is the easement road including 25 feet on each side of CL.

    I'm lot 6, he's lot 5, and lot 7 is landlocked.

    Does he have a right to drive across my property, and if not what do I need to do? I've placed a log blocking the cut-through with a no-tresspassing sign on it, but he just threw it to the side.

    We are in Virginia, and he has owned his property for 8 years, and I've owned mine for 7.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: Help Interpreting Easement Language In a Deed

    "Does he have a right to drive across my property, and if not what do I need to do? "

    From what you have stated, it not possible to answer your question.

    If there is indeed an easement right (which you neighbor seems to claim) it would not be stated in his deed, but in yours or in another recorded instrument. If you have title insurance, you should have been given a title report which would document this. I would start there and also get the advice of your attorney as to how to proceed once you know the facts of the matter. You may also need the advice of a surveyor as to the location of any easements on the ground. Your attorney would be the best person to advise you on that need.

  3. #3
    Join Date
    Jan 2006
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    25,851

    Default Re: Help Interpreting Easement Language In a Deed

    Quote Quoting LandSurveyor
    View Post
    If there is indeed an easement right (which you neighbor seems to claim) it would not be stated in his deed, but in yours or in another recorded instrument. If .
    it very likely could be in the neighbors deed as a grant of easement gets recorded attached to a particular deed and upon subsequent transfer is included within the transfer deed.

    as to who can use the easement.

    you posted:

    My deed says: "Together with and subject to a non-exclusive perpetual, unobstructed easement of right-of-way 50 feet in width over and across the "50' R/W, along CL existing road," as depicted on aforesaid plat for ingress to and egress from lots 5, 6, and 7 and State Route 63 for .....utilities."
    Your "....." portion could be the defining info. I would suggest that all those attempting egress from and ingress to lots 5, 6, and 7 are in fact allowed to utilize the easement unless your missing details prove otherwise.

    You do state the neighbor is
    Since then he has been driving from his house, across 75 feet of my property to get to the easement road to go up to his son's house
    . If that is meant to mean he is driving on your property outside of the easement, then he has no legal right to do so.
    A bit more clarification would be helpful.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
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    Default Re: Help Interpreting Easement Language In a Deed

    "It very likely could be in the neighbors deed as a grant of easement gets recorded attached to a particular deed and upon subsequent transfer is included within the transfer deed."

    The neighbor's deed may refer to an easement, but that in itself does not create an easement. It can only be referential in that deed to some other instrument which includes a grant from the supposed servient estate. And if it does not refer to a valid grant of easement from the servient estate, it is without effect. It is like a a quit-claim deed to the Brooklyn Bridge.

    And since we don't have the plat in front of us, anything else is just speculation. A consult with the poster's attorney is a good idea, per my original suggestion. I don't think that we have enough information to suggest otherwise.

  5. #5
    Join Date
    Jan 2006
    Posts
    25,851

    Default Re: Help Interpreting Easement Language In a Deed

    I agree to an extent due to the possibility a grant was improperly included in the purchase of property. If so, then the recipient of the property would have a claim against the grantor of the deed, if it were a warranty deed as there was no legal right to present such an inclusion.

    Note though OP did post this:

    My deed says: "Together with and subject to a non-exclusive perpetual, unobstructed easement of right-of-way 50 feet in width over and across the "50' R/W, along CL existing road," as depicted on aforesaid plat for ingress to and egress from lots 5, 6, and 7 and State Route 63 for .....utilities."
    OP did fail to publicize some portion of that section of his deed but it does infer there is a general use easement across OP's land (causing him to be serviant tenent) with the neighbor as dominant tenant.

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