Family Easement

[lconner]

We have had our family farm surveyed and it is being split into three differnt sections, each one of us kids has a favorite portion of the farm and that is the portion we are being given in my parents trust. The farthest piece of land is land locked without an easement through two of us other kids portions of the farm. This is fine with me and has been drawn on the documents, 30' easement. My main concern is that this is going to be a road to get to the far side of the farm and it runs along side of a branch which at times comes out of its banks and has a tendency to wash away whatever may be in its path. Is there some type of language that can be added to this document to state that the maintenance of such easement will fall on the section 1 landowner (the landlocked owner). That way even if the next generation is the owner that owner would be responsible for the upkeep on the easement. I am located in the state of Missouri. Thank you.

[lwpat]

The easement should be specific in location, width, use and maintenance. It may not belong to family at some time in the future but my experience is that family is worse. everything should be reviewed by an attorney, do not do this yourself.