My question involves real estate located in the State of: Nevada, Elko County
Our Grant, Bargain and Sale Deed states " Subject to all taxes, assessments, reservations, exceptions, easements, rights of way, limitations, covenants, conditions, restrictions, terms, liens, charges and licenses affecting the property of record"
However on the Preliminary Title Report we read "An easement affecting a portion of said land for the purposes stated herein, together with incidental rights thereto,
Reserved by : person named
Purpose: ingress and egress
Recorded: date, book and doc number officially recorded with County
Affects: 30 feet along all boundaries
Now, heres our situation:
The adjoining landowner has his fence right on the property line and has a gate facing out toward our land . He is not landlocked , he has another gate off the same road we all use to access our properties. This gate and his insistence on using it across our land has become an issue with the adjoining land owner thats hindering our fencing.
The exact easement footage requirement is what we're not clear on.
Is the easement 15 feet either way of the property line, requiring each landowner to set back a fence 15 ft in order to allow for a total 30 ft easement, or are we required to set back 30 ft and the adjoining landowner 30 ft for a total of 60 feet?
None of the local sources we've inquired of have been clear as to whether the adjoining landowner can have his fence on the property line and use the easement on our side of the property line for his access.
We still pay taxes on the land designated for an easement but what rights do we have regarding it?
We've consulted with a Real Estate Attorney, the Power Company, the County, and the Sheriff, and all have differing answers so we're befuddled as to where to find what we need so we can fence our land in properly.
I apologize if this thread is wordy.
sincerely appreciate your response