Easement definition question.

[olsong]

What is the name of your state? Nebraska

I live in a country that has very deep canyons and lots of tall pine trees.

Section 9 is one mile long on each of four sides.

I live in Section 9.

Fred bought a piece property right in the northeast corner of section 9. When Fred first bought this piece he entered section 9 from the west side thereby crossing section 9 completely.

His easement states that he may "cross section 9 by the shortest route".

Does this allow him to cross wherever he chooses?

A country with very deep canyons makes crossing by other than practical route very difficult.

I am concerned that he may choose to alter his route and want to go through my front yard.

I hope I have made this clear. This is my second attempt to say this.

Thanks so much for you help

Jerry

 

[ian_m]

Your description reminds me of someone coming by covered wagon and never leaving their property again. How big are these properties, and does the section not have any roads currently on it?

 

[woodyga]

to vague

olsong: From reading your other post folks are trying to help you but you answer there questions with vague answers. Its like your going to the doctor and you tell him your sick and when he ask you where you hurt you just say your sick. Answer the questions. They asked you if his lot has direct access to a road you answered "I live in a country with many deep canyons with lots of very large pine trees"
It sounds like he can do just what his easement states' he can go from his property to the nearest road by the shortest path. If that means crossing everyones lot so be it.
Forget about sections does his lot have direct access to a road or not? Yes or No. Dont answer "I live in a country with many deep canyons with lots of very large pine trees".

I hope this helps you get the answers you are looking for olsong.
Im not trying to flame you. There are alot of knowledgeable people on this forum that really want to help, but they need your help to help you. If they say contact an real estate attorney then that is what you need to do. Dont keep asking the same question expecting a different answer.

woody,

 

[olsong]

I am sorry for the confusion. I am trying to keep it simple.

Because of the terrain "road by shortest route (straight line) is not possible.

An easement without means and bounds is a problem.

Whose problem is it.

Thanks

Jerry

 

[HuAi]

Sounds like has to use the shortest possible route, and he cannot change that to be a longer route (such as your front yard if thats in fact longer)