Ingress egress

[BR1980]

My property that I live has a a ingress/easment. Below is the language it is written in. Does this include parking? Is parking allowed based on this easement/ingress?


This agreement witnesseth , that in consideration of the sum of Ten dollars paid by the party of the second part to the party of the of the first part, the receipt of which is hereby acknowledged, the parties of the first part hereby grant unto the party of the second part, her heirs and assigns, an easement and right of way 15 feet in width on and over the lands and premises described in Deed Book 350 on page 400 etc.. running from the southwest corner of said premises a distance of 170.5 feet easterly along said common line of the parties hereto and parallel thereto. Said easement and right of way shall be used in common with the parties of the first part. Their heirs and assigns, for all purposes of ingress and egress to and from silver st.
The party of the first part, for himself, his heirs and assigns, does hereby covenant and agree with the party of the second part the he will, at his own cost and expense repair and maintain the said easement and right of way in a proper and workmanlike manner.

 

[TigerD]

"purposes of ingress and egress to and from silver st"

Doesn't say anything about parking. I'd say no.

DC

 

[154NH773]

I agree with the "no", and would also add that parking in a 15 foot easement that is to be "used in common" may hinder the access of the other party.

It looks like you get to maintain the easement all by yourself (assuming that you are the "party of the first part"). The lack of a maintenance cost sharing agreement is likely to bite someone in the behind at some point.

 

[BR1980]

Ingress/egress

Thanks for responding... I agree with you.. if my neighbors are parking there.. now... what recourse do i have.?? Again according this agreement.. they are not allowed to park.. my ultimate goal is to have the entire agreement removed all together.

 

[BR1980]

Ingress

It is my property and my neighbors are parking in this ingress/egress.. And according to the agreement they are not allowed to park.?? Am I being clear on this? any idea on how to remove this agreement.. Does the fact that they are parking there help my case?

 

[justalayman]

any idea on how to remove this agreement..

you can offer to buy it from them or ask them to give it up but other than that, you aren't going to be able to remove the easement.

.

Does the fact that they are parking there help my case?

for? having it removed? no.

If you have already tried the ask, demand, and whatever; You are relegated to suing them seeking an order from the courts they abide by the grant of the easement.

 

[BR1980]

Ingress Egress

Are you saying the agreement cannot be removed? What if both sides agree to void it? You see as it seems the agreement does not allow parking. Currently they are parking on it. If I say to them this is not allowed and they listen then the agreement is useless since this is what they have been using it for(parking). My goal is that they make their own driveway and this whole agreement can be voided. what do you think?

 

[aldaron]

It would seem parking on a 15ft wide drive would violate some fire code because it would prevent fire dept access.

 

[BR1980]

Ingress Egress

Its actually 19ft I transcribed wrong. Either way.. that is the size they are limited to now, and again its not for parking.. since they have no parking of their own they have been using this area to park.. my goal is to make them aware they are not allowed to park.. and void the agreement..

 

[Zigner]

Its actually 19ft I transcribed wrong. Either way.. that is the size they are limited to now, and again its not for parking.. since they have no parking of their own they have been using this area to park.. my goal is to make them aware they are not allowed to park.. and void the agreement..

You cannot unilaterally void the agreement. Maybe they will build a parking area and use the easement as it is intended.

 

[justalayman]

=BR1980;2680888]Are you saying the agreement cannot be removed? What if both sides agree to void it?

I said this:

you can offer to buy it from them or ask them to give it up

would that not imply that is could be removed by mutual agreement?

]You see as it seems the agreement does not allow parking. Currently they are parking on it. If I say to them this is not allowed and they listen then the agreement is useless since this is what they have been using it for(parking).

but they can use it as ingress/egress if they want.

My goal is that they make their own driveway and this whole agreement can be voided. what do you think?

I think they are not going to willingly (can be read as: for no money) give up the current easement. You can force them to not park on the easement but removing the easement is, in almost all situations, going to have to be willing on their part.

If they are amenable to an offer, you might consider offering to build them a driveway on their property in exchange for them releasing this easement. Maybe $$$ will speak for you.

 

[drewguy]

Its actually 19ft I transcribed wrong. Either way.. that is the size they are limited to now, and again its not for parking.. since they have no parking of their own they have been using this area to park.. my goal is to make them aware they are not allowed to park.. and void the agreement..

This won't work. You can establish they cannot park on the easement. But that doesn't mean they can't continue to use it for ingress/egress. The remedy for their misuse of it is to stop the misuse, which it seems you will have to sue to accomplish.

The only way you can use this to terminate the easement (it's not an "agreement" -- it's a recorded easement) is that by suing them you might be able to "settle" by terminating the easement. But why would they, when all they have to do is agree to stop parking on it?

 

[BR1980]

Ingress Egress

Thank you for comments..i really do not want to have to sue.. but understand I may if i have to..they really have no other use for the ingress/egress other than to park, which according to the easment. again it would benefit their propery value to create their own area for parking.. that is what I hope to point out to them. i could easily get a boat and park it there and then they are sol.

 

[Zigner]

i could easily get a boat and park it there and then they are sol.

If you do that, then YOU are violating the easement...and they have a much stronger case against YOU than you have against them.

 

[BR1980]

Why would they have a stronger case against me? It is the same principal.. they are parking.. and I would be parking.. however.. they do not have anywhere else to park.. i do.. Obviously if I had to.. i would move it.. but it stresses the point.. that they need their own parking..