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Can a person drive over easement that's on their own property?

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annac

Junior Member
This is for Nevada, Washoe county.

I'm considering buying a property and there's recorded easement for PUE and access on the county platt map. The easement is for the house behind this property (the property itself faces city road).

There's a sign posted on property, posted by the neighbor--posted outside of easement, and directly in front of the house of the property for sale, stating that whoever will be the new owner of this property should not drive over that easement to get to own property (to get to the yard). It'd be convenient to drive over starting part of that long easement to get into the yard (not necessary but convenient and save doing a 3-point-turn inside the yard to get out).

The sign posted by that neighbor also states that previous owner drove over the easement, that is bothered them, and for that reason the neighbor erected the fence separating their easement and the rest of the property that I'm considering buying.

It is this even legal? And is it worth dealing with this property as I don't have money and time for litigation? Does it sound like intrusive/trespassing neighbor?
 


FlyingRon

Senior Member
You'll need to research the easement to find out if it is exclusive to the dominant tenant (the other property) or if it merely permits them to use it for their access.
 

annac

Junior Member
I see, I ddn't have a chance to do so, as it's holiday time and offices are closed. I'll do a title search first thing tomorrow. I need to put an offer first thing tomorrow if I want this property, so the question is urgent.
If it's exclusive use, yes, I can imagine neighbor wouldn't want anyone driving over. But IF it's non-exclusive (which I think it is, as there's another neighbors house that must be using this easement--no way they'd access their house without it)--then can this fence be legal--and does it look like they're trying to gain adverse possession even?
 
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annac

Junior Member
I have to add that this is a long easement and the previous owner obviously installed own, solid fence along the line of the easement, except in the part close to the public road--I guess to preserve own access.
 

ecmst12

Senior Member
This does not appear to be something that you can find out WITHOUT researching the easement. Sorry that interferes with your plans to put an offer in.
 

TigerD

Senior Member
Make your offer subject to a satisfactory title search. Easy - happens all the time.

DC
 

NC Aggie

Member
Research is absolutely a must before proceeding. Typically, the term "PUE" on a plat or survey refers to Public Utility Easement, however, it may reference a different acronym in your region such as Public Use Easement. But research is needed to determine the explicit terms of the easement use. Typically, or shall I say I've never known an easement of any kind to prevent the owner of the property on which the easement runs from accessing the portion of their land within the easement. As long as the entity who has been granted use of the easement can still use the easement as intended, there should be no restrictions of use by the actual property owner.
 

annac

Junior Member
I had done research and got a document from title company, there's an easement on the map that says "Access", that's it, no specifics and not a word about it being exclusive. On the same easement, public utility and drainage easement are marked, with a note that utility easement is exclusively for installation and maintenance of certain utilities.
Does it sound like the neighbor is tresspassing?
 

NC Aggie

Member
I had done research and got a document from title company, there's an easement on the map that says "Access", that's it, no specifics and not a word about it being exclusive. On the same easement, public utility and drainage easement are marked, with a note that utility easement is exclusively for installation and maintenance of certain utilities.
Does it sound like the neighbor is tresspassing?
Does the neighbor have any other access to their property? If this easement is their only access, they might be granted an easement even if one has previously been recorded.
 

154NH773

Senior Member
I had done research and got a document from title company, there's an easement on the map that says "Access",
Usually an easement is not created or filed with a map alone. The original grantor would have had to sign a document granting the easement right. There is probably an easement deed or agreement that has been filed (Registry of Deeds), with a description of the easement, which should provide more information. The deed may reference the map, or not.

Make your offer contingent upon an acceptable title search. Have YOUR title company research the easement.
 
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drewguy

Member
I suspect the neighbor is trying a land grab of sorts here. While "exclusive" easements do exist, they aren't standard (since it's basically a transfer of property). You are allowed to use your land (or the land you want to purchase) in any way so long as it does not interfere with the easement holder's use. If they are using it as a driveway it is hard to imagine how your using it as a driveway would interfere with that use (obviously you couldn't park in it to block it).

Anyway, I'd research it to get comfort and then discuss with the seller. If you ultimately buy the property you can take the issue up with the neighbor. Or better, have the seller address the issue with the neighbor now--I'm surprised they tolerated the sign because it's going to diminish the value of their house/land.
 

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