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  1. #1
    Join Date
    Aug 2013
    Posts
    1

    Default Land Owners Rights to a Roadway and Utility Easement Described in All Deeds

    My question involves an easement in the state of: Arkansas

    Okay I will try and keep this short and to the point. Thank you in advance to any help in this matter.

    The easement in question is described as a roadway and utility easement that resides on an 8 acre property to allow access to the property owner of 3 acres behind and a property owner of 4 acres next to him. They both have the easement described in their deeds. The easement crosses the 8 acres with a specific width of 40 feet and only described as a roadway and utility easement. Other than gps coordinates it does not describe anything else.

    #1 Who owns this easement? It was sold as a part of the 8 acres meaning that it was paid for as part of the 8 acres. The description of the easement is on the land deeds and is not a separate deed. Basically what i mean is when the 8 acres was paid for the easement was included as part of the acreage.

    #2 If it is owned by the 8 acre owner do they have rights to control use? Meaning is the easement open to all the grantee's company meaning drug dealers and all? Exactly is an easement for private use only or open to who ever wants to cross.

    #3 There is a speeding conflict between the 2. If the 8 acre is the owner of the easement then do they have the right to implement a speed limit? or can grantee just do what ever they want cause its in their deeds.

    #4 Are there any actions that can revoke the use of a described easement. Meaning can the grantee do anything that would make him subject to rejection of crossing.

    Last one
    #5 If the 8 acre owner does own the easement then can he put up a gate across the easement as long as a key is provided to the grantee? If so then could it be enforced to be closed by the grantee when they come through it.

    The grantee of the easement lives on undeveloped land. And has not made any efforts to develop it. The land is owner financed and they basically pay about 180 a month and spend the rest on dog food and alcohol. Lol I did not know people could still live without water, power and sewage but they have been doing it for over a year now. The 8 acres was paid for in full to only get out there and find this big ole mess. No one will do anything about it not even the health department. It's completely ridiculous.

    P.S. The owner of the 4 acres has never given a moments trouble on the easement and is constantly harassed by these people. These people bring other people home from the bar and they will stay for long periods of time. The easement does not follow a property line its down through the middle of the 8 acres for 400 feet the other footage does follow the property line but lies solely on the 8 acres and was not divided between the adjacent property. I would have never bought this property but the people that did was not aware of the kind of people behind them and was told that they never came out there that they lived somewhere else and only came every now and then and would camp out for a couple days and leave. Also they were sold the property being described as being in a symmetrical square when in fact after the purchase was made a survey was done only to find that the property was in an L shape and not a square and the easement divided the property. Cuts the Leg off the L.
    To bad you can't get a refund on property. Wal-Mart needs to start selling property. Lol J/K

    These people spent their life savings on the 8 acres and only want to live in peace.

    Thanks again.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,584

    Default Re: Land Owners Rights to a Roadway and Utility Easement Described in All Deeds

    #1. The easement is owned by the owners of the parcels which it serves. Access easements generally serve parcels, rather than persons.

    #2. Unless specifically addressed in the easement grant (which has not been posted), it is open to all who might have a reason to visit the easement owner. Don't immediately assume that if drug dealing is going on, that you can look to the sheriff or the health department to restrict access due to the easement wording. It's up to you to provide the evidence.

    #3. Unless specified in the wording of the grant, if you feel the speeding is unreasonable you can go to court and try to get "reasonableness" defined.

    #4. This is the best response I know of to that question:

    http://lawprofessors.typepad.com/pro...les/Strang.pdf

    #5. The owner of the eight acres is the servient tenant as far as I can tell from the original post. That is you, right? Absent other provisions in the grant, you can probably put up a gate but the dominant tenant can ignore it, refuse to close it, and possibly remove it as an obstruction to the deeded easement.

    Other than gps coordinates it does not describe anything else.
    That is bizarre unless done by a licensed surveyor, and pretty unusual if so. Nothing more to say on that.

    The grantee of the easement lives on undeveloped land. And has not made any efforts to develop it. The land is owner financed and they basically pay about 180 a month and spend the rest on dog food and alcohol. Lol I did not know people could still live without water, power and sewage but they have been doing it for over a year now. The 8 acres was paid for in full to only get out there and find this big ole mess. No one will do anything about it not even the health department. It's completely ridiculous.

    P.S. The owner of the 4 acres has never given a moments trouble on the easement and is constantly harassed by these people. These people bring other people home from the bar and they will stay for long periods of time. The easement does not follow a property line its down through the middle of the 8 acres for 400 feet the other footage does follow the property line but lies solely on the 8 acres and was not divided between the adjacent property. I would have never bought this property but the people that did was not aware of the kind of people behind them and was told that they never came out there that they lived somewhere else and only came every now and then and would camp out for a couple days and leave. Also they were sold the property being described as being in a symmetrical square when in fact after the purchase was made a survey was done only to find that the property was in an L shape and not a square and the easement divided the property. Cuts the Leg off the L.
    To bad you can't get a refund on property. Wal-Mart needs to start selling property. Lol J/K

    These people spent their life savings on the 8 acres and only want to live in peace.
    I can sympathize with your situation. But none of the information posted in the previous quotation has anything legally to do with the easement. You can sue for overburdening the easement but read the link above first.

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