Easement

[nono50]

What is the name of your state (only U.S. law)? NC

This is what is stated on my deed, THIS CONVEYANCE IS MADE SUBJECT TO A 50 FOOT UTILITY/ ACCESS EASEMENT ALONG THE WESTERN MARGIN OF SAID LOTS, AS SHOWN ON MAP HEREINBEFORE FEREFFED.

My question is today the person who bought the lot behind me know wants me to sign a Maintenance Agree on this said easement. Do I have to agree to this?

I was told by the person I bought this land from that all I have to agree too is the wright of way, not maintenance of said wright away. What are my opions? I have read online that what is on my deed is all I have to agree to.

Please advise.

Scott

[drewguy]

The short answer is "no"--whatever's on the deed is all you're bound to do.

On the other hand, it's unclear what the situation is, but a recorded maintenance agreement can save hassles down the road. Is this shared space? Because if it is, w/o a maintenance agreement whoever wants it cleanest/nicest will have to pay and others will be able to avoid contribution. So think about whether you'd be better off reaching an agreement with others using the easement.

[nono50]

There is 3 lots that use this easement, but I own two of the lots. I do not use this road and the person who uses this road tried to get me to sign a maintenance agreement today and I told them all I have to do is provide the wright of way. I asked them why would I maintain something/ road that I do not use? I guess his bank ios asking for this before they will close of his house.

Scott

[drewguy]

No obligation, and obviously not in your (current) interest to agree.

A couple of possibilities spring to mind:

one is that you could provide a letter giving him permission to maintain it (e.g., pave it) and that you won't object. That way he can show he'll have access that he can use to his house (probably the issue). In other words, you're not going to prevent its use.

Another possibility is to draft a maintenance agreement that apportions costs based on actual use as defined by, say, driveways off of the easement. That way right now he'd have 100% of the cost burden, but if you add driveways to start using it then you'd be 50% or 67% obligated.

Keep in mind that it's probably in your long run interest to have a maintenance agreement, although in the short run obviously you don't want to contribut to something you're not using.

One other possibility is to trade something--50 feet seems awfully wide for an access easement. Perhaps he'd be willing to dial it back to, say, 20 feet in exchange for a maintenance agreement.

Overall I'd try to play nice because these issues could come back to bite you.

[nono50]

How can you change a easement from the 50 foot to loke 25 feet? I f the other property owner is willing to do this how do you do it. Please understand I am on limited funds wright now, disabilied veteran.

Thanks
Scott