Re: Easement/Right Of Way Width Rules
I believe there are some localities that require a minimum width but after that, it is totally up to the parties agreement.
That would be a local issue. Some areas would give you a very difficult tme about it, others not so much.
Does the width of the easement affect his future development/subdividing of his 25 acres? Financing?
yes, but with lots of restrictions as to what you can do with it.
Do I still own the easement?
absolutely although many states include it within the statutes. Typically, the states that do control this often make all the users of the easement liable based on a percentage of their use of the easement.
Should we include language in the deed regarding maintenance of the easement?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.