Easement used for Ingree/Egress

[Lynchll]

What is the name of your state (only U.S. law)? Ohio
We are building a house in a rural development. The developer was required by the county engineer to create a 60' wide ingress/egress easment along one side of our property. The main drive into the development is on the opposite side of our property. The developer told us the ingress/egress would need to have a small (8 to 10 ft wide) gravel path/drive created for emergency access in case the main drive would somehow become blocked (i.e. - by trees falling over).

We would like to add a farm gate (unlocked) at the front and back of the ingress/egress drive on our property. We are concerned that non-authorized, non-emergency vechicles will use the ingress/egress drive which is only about 50' from our new house (we have already seen several vehicles drive along the path). The developer indicated a high degree of discomfort/uneasiness when we suggested this - concerned that the county hasn't fully approved the ingress/egress road.

Our orginal understanding was the ingress/egress would only be a dirt farm path. Now it is a gravel road anywhere from 8 to 16 ft wide. To us this has taken away the value that we saw when we first purchased the land. We don't want anymore encroachment on our land in the area we thought would be kept mostly natural.

The deed to the property describes the physical location and size of the easment. The only detailed description states: "Containing 1.753 acres, but being subject to the rights of all legal highways and all easements of record." We don't know what "the rights of all legal highways and all easements of record" are for our county or state. Can you help us determine if there are any restrictions on what we can do with the easement ingress/egress road?

Thanks

 

[HuAi]

does your deed describe the width of the easement?

 

[Lynchll]

Easement width

The deed gives the technical survey marker information and describes a 60 foot right of way based on a set of mag nails along the south edge of the property.

 

[154NH773]

I'll write what I have written to others that don't like the easements on their properties. When you purchased your property it was burdened with the easement that gives an absolute right to others to use the property as if it was their own. In this case it looks like you thought the easement, despite saying that it was 60 feet wide, was only 8' wide. You also assumed it wouldn't be used except in emergencys. If it doesn't say that specifically, then you made a BIG mistake. You may find youself on an island between two 60' roads into your development. If not today, possibly tomorrow.
You must find the deed that created the easement and read the language. It may be in any deed to property from which your lot was subdivided. Have a title search done to find it, or search it yourself at the local registry of deeds. Or, ask the developer to show you the deed containing the easement.
In this town, any road shown on the subdivision plat must be constructed according to town specs, (ie. 60').