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  1. #1
    Join Date
    Jun 2008
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    6

    Default Can Easements Be Moved By The Holder

    Can a easement be moved by the easement holder? I have a easement on my property to the property behind us. We had the easement moved when we bought the property. It was running threw a addition and my front yard. We moved it to the back corner of our lot so it would run along our property line. The property has since sold and they seem to be trying to access it threw my drive way and up the front of my property rather than creating their own access point up the road. It looks like they want to begin construction of the driveway soon. Do they have the right to take the path of least resistance? Can I force them to use only the dedicated easement? There is a point of access to the road where the easement runs. I hope thats enough info. TIA

  2. #2
    Join Date
    May 2008
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    19

    Default Re: Can Easements Be Moved By The Holder?

    What is recorded in your deed, is it in your neighbors deed as well?
    Did you get permission to move the easement? If you were sharing this easement with someone then you both would have to agree to a new one.

  3. #3
    Join Date
    Jun 2008
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    6

    Default Re: Can Easements Be Moved By The Holder?

    we moved the easement with permission from the previous owners.

    How do I find a map with easements included? I have the file/page # that is on the new easement paper. Will that show the easement or will it be a description rather than a image?

  4. #4

    Default Re: Can Easements Be Moved By The Holder?

    There may be a plat showing the location of the easement. You will have to go to the courthouse and get a copy of what is recorded. The deed may also reference a survey and the surveyor can provide you with a copy.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Easements Be Moved By The Holder?

    since you sound terribly ignorant of easements and such, could you explain how:

    we moved the easement with permission from the previous owners.
    what did you do, exactly, to move the easement?

  6. #6
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Can Easements Be Moved By The Holder?

    Quote Quoting jk
    View Post
    since you sound terribly ignorant of easements and such, could you explain how:



    what did you do, exactly, to move the easement?
    LOL
    Every party was in favor of this change so we had the sale conditioned on the removal of the old easement and the creation of the new easement and a letter of agreement. Everything got recorded at the county's recorders office. I have the page/file number for this change along with the original documents with signatures and notary seals.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Easements Be Moved By The Holder?

    So, if you removed the easement from the original location, you will have a release of easement grant to do so and it is recorded along with your deed and the deed for the dominant tenement, right?

    Just to be sure, the folks that are now trying to use the old easement; they are the owners of the same property that you and the old owners agreed to release the original easement and and you granted a new easement in the new location you are speaking of, right?

    Just trying to be sure there are only these two properties involved.

    If so, then then as long as the original grant has been released, then no, they cannot use the old easement. You can prevent them from using it. If they need access to their property, then they will need to use the new easement.

  8. #8
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Can Easements Be Moved By The Holder?

    Quote Quoting jk
    View Post
    So, if you removed the easement from the original location, you will have a release of easement grant to do so and it is recorded along with your deed and the deed for the dominant tenement, right?

    Just to be sure, the folks that are now trying to use the old easement; they are the owners of the same property that you and the old owners agreed to release the original easement and and you granted a new easement in the new location you are speaking of, right?

    Just trying to be sure there are only these two properties involved.

    If so, then then as long as the original grant has been released, then no, they cannot use the old easement. You can prevent them from using it. If they need access to their property, then they will need to use the new easement.
    It was moved properly. moving on, They are not trying to use the old easement. They want to begin constructing a road on the new easement. The seem to think they can just put a road off my driveway for their convenience. The easement has a point where it meets the road and its not my driveway. I want to prevent this cuz it will impact my privacy. They cant move the easement with out my permission? right? Thats what I am really getting at. I have seen a couple people just walking on my land so I broke the news to them. they seemed like they would just do as they please. I am posting no trespassing signs tomorrow. I don't want these construction people wandering around like they own the place. No respect of peoples property anymore.

  9. #9
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Can Easements Be Moved By The Holder?

    You might share the information you have and advise them that anything off of the easement is a trespass, cameras are in use and the police will be called. Good luck.

  10. #10
    Join Date
    Jun 2008
    Posts
    6

    Default Re: Can Easements Be Moved By The Holder?

    Quote Quoting landagent
    View Post
    You might share the information you have and advise them that anything off of the easement is a trespass, cameras are in use and the police will be called. Good luck.
    thanks
    I am going to post signs so when I call the police they cant claim ignorance.
    I am not trying to stop their access. I just want to prevent them from taking area that is not in the easement agreement.

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