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  1. #1
    Join Date
    Jun 2008
    Posts
    5

    Default Easement / Right Of Way Width Rules

    My father has a 100 acre farm in North Carolina. He wishes to deed 25 acres to me and 25 acres to my brother. My brothers 25 acres is behind my 25 acres and will be landlocked after the division. I must give him and easement. The easement to his property will go across my acreage. We have had the property surveyed. Agreed on the easement location. The surveryor recommended the width of the easement be 50'.

    My question:
    Is there a rule of thumb for the width of the easement? 20', 30', 40'?

    Does the width of the easement affect his future development/subdividing of his 25 acres? Financing?

    Do I still own the easement?

    Should we include language in the deed regarding maintenance of the easement?

    Your help is greatly appreciated.



    Thanks
    --

  2. #2
    Join Date
    Jan 2006
    Posts
    27,221

    Default Re: Easement/Right Of Way Width Rules

    [QUOTE]
    Quote Quoting cmpollardjr
    View Post
    Is there a rule of thumb for the width of the easement? 20', 30', 40'?
    I believe there are some localities that require a minimum width but after that, it is totally up to the parties agreement.

    Does the width of the easement affect his future development/subdividing of his 25 acres? Financing?
    That would be a local issue. Some areas would give you a very difficult tme about it, others not so much.

    Do I still own the easement?
    yes, but with lots of restrictions as to what you can do with it.

    Should we include language in the deed regarding maintenance of 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.

  3. #3
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Easement/Right Of Way Width Rules

    You should put it all down in an easement document. Look around this site at the problems people are having with easements and get an idea of what you need in the document. If you brother sells the property and someone buys it that you just can't get along with that document is the only thing you have to go by as far as the easement goes. Things like maintenance, gates, locks, type of vehicles, others uses such as utilities, relocation. Good luck.

  4. #4
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Easement/Right Of Way Width Rules

    Thanks for the information. I have another question but think it would be better served with a new thread...

    Thanks again.
    --cmpj

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