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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Easement and Fencing

    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

  2. #2
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Easement and Fencing

    You need to read your deed and not the title abstract. Your deed will reference the easement and it will be clearly set out there. It appears however, that 30 feet on ALL of YOUR property lines is in play.

    What may or may not be on the neighbors deed/s is not material to what is on yours. There may be the same language on his deed; however that does not diminish the 30' requirement on yours if the easement is written to reserve that amount.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Easement and Fencing

    Thanks for taking time out to reply on a holiday weekend.

    Not having anything clearly set out in the Deed is what's puzzling us..... also the adjoining landowners deed is worded just as vague as ours regarding the required dimensions for an ingress/egress.

    That 30 feet dimension, along on all boundaries, is only stated on the title report.

    Should we be able to go to the County Courthouse and search out the other deeds, or a plat map designating easements w/ dimensions, and see whats been recorded for all land owners to abide by?

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,579

    Default Re: Easement and Fencing

    Only a land surveyor licensed in the state of Nevada is authorized to interpret and lay out on the ground the easement description you refer to.

  5. #5
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Easement and Fencing

    Quote Quoting RexLan
    View Post
    You need to read your deed and not the title abstract. Your deed will reference the easement and it will be clearly set out there. It appears however, that 30 feet on ALL of YOUR property lines is in play.

    What may or may not be on the neighbors deed/s is not material to what is on yours. There may be the same language on his deed; however that does not diminish the 30' requirement on yours if the easement is written to reserve that amount.
    We have read our deed.
    We used the "title abstract" for determining where to place the fence because the deed was so vague.
    Doing a Deed History on each parcel around us was well worth our time as it revealed that every landowner is required to give a 30 ft boundary ingress/egress.
    It does matter what's on everyone else's deed, especially when someone is insisting you have to do something a certain way and they dont.
    The County Planning & Zoning Dept has no official record of anything that stipulates an "easement", and they've defined the 30 ft boundary for "ingress/egress" around the perimeter of EVERYONES land to be for the prevention of anyone being landlocked, so if we needed to access our land from the east, north, or south, we could do so without trespassing on anothers land. I'm sure your familiar with how that all works.
    The adjoining landowner has access to his land from the west boundary, the same access all parcels use that are on the westerly border of Sec 17....he chooses to access his land on his south border from our northern border via our 30 ft boundary.

    It does matter what his deed specifies, for he has no special permission granted giving him access thru our land....not any part of it.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,579

    Default Re: Easement and Fencing

    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.
    And there you are. None of the above can have any legal opinion as to the fact of the actual location of an easement on the ground of your property.

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