Grant of Easement for Ingress & Egress -

[Mike_in_Indiana]

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

I am being asked to sign a "Grant of Easement for Ingress & Egress". I am trying to be neighborly in considering to sign this agreement; it is being required by someone intending to purchase the property next to my home who wants access to a garage that opens into my easement. I do have one concern though. In the paragraph below, it appears to me that in signing the agreement, I will be signing away my right to consider declining this arrangement to a new purchaser in the future, should the current purchaser decide to sell the property later to someone else. Does the wording of the paragraph below actually take this right away from me?

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1.) That Grantors hereby grant and convey to Grantees, for benefit of Grantees, their successors and/or assigns, the nonexclusive , perpetual right and easement to use the Easement Area located therein, for ingress and egress, to gain access to the garage....
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I would like to require that this agreement have to be signed each time the property next door is sold so that if the grant of easement becomes a problem, I have the right to decline the grant in the future to another purchaser. Anyone know what wording would be required to ensure this, or does the law limit the term "successors" and "assigns" to just the immediate successors/assigns?

Thanks much for information!

 

[FarmerJ]

Mike first question , Does this property currently have its own access ? Seriously if the other property has its own access I wouldnt give away a permanent right of way. Instead if you absolutely must what would be best is to only offer permissive user license where it has a renewal date ( say once a year ) so this way if you find a new owner next door has become a big pain in the butt you are able to refuse to renew it.

 

[nomonojust]

Do not sign this!!!!!

You will be giving away some of your property rights forever to whomever now and in the future. You would not be able to revoke it either. This could also prevent you from doing what you wish in the easement area. You pay taxes on it and then someone else has rights to it. If you get along with the neighbor now, only give permission. Put the permission in writing that it can be revoked at any time in the future. Please have a competent real estate attorney review it to protect your interests. You have no idea what the neighbor may have in mind in the future. He could want to run a business out of the home and use your property for his clients, he may want to rent it out to a "neighbor from hell" or sell it to someone that could make your life miserable. This may not be the case now, but it is very difficult to foresee what can happen in the future. TRUST ME! I have learned this the hard way.

 

[154NH773]

I agree with the others. DO NOT SIGN THIS.
You would be giving a permanent easement -FOREVER- and would be getting nothing in return. An easement such as this, if given at all, should contain methods for sharing in maintenance costs and address other problems that may arise.
I have been fighting for over 5 years with my neighbors, who refuse to pay for their use of a common easement, leaving me as the last lot on the easement to maintain it at my cost. I've won, and collected against two of the neighbors, and am in NH Supreme Court with the last neighbor.
Simple but clear language in the easement would/might have prevented all my problems, unfortunately it was written by someone else, years ago.
See a lawyer on this issue.

 

[woodyga]

Dont Do this, Biggest mistake you can make

HI Mike_in_Indiana,


Do not sign this, big mistake. You will be giving up your right to use your property that you are paying for,paying taxes on and your neighbor gets to use it for free. Mike, we are in a big legal battle right now because of previous verbal agreements by previous owners. I'm out $3200 so far just defending a lawsuit by the neighbor seeking a easement on our land.
Mike it is your land don't give it up. Now if you are mowing more grass than you want or need, offer to sell them the land they need. Have them pay for all cost associated with selling them the land survey's, attorney fees,ect. Then take a nice vacation.

Here is a few research items for you.

http://www.ai.org/judiciary/opinions/pdf/11290501fsj.pdf
FreeAdvice Legal Forum - Search Results
http://files.dnr.state.mn.us/forestry/easement/easementsacquiredbyuseofproperty.pdf
Converted WP file /web/data/judiciary/opinions/082801

Hope this helps Mike,

Woody,