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  1. #1
    hintaskool is offline Junior Member
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    ingress..egress?????? what does it mean?

    What is the name of your state?Florida
    We bought my parents old house and property 8 years ago..but leased to own for the first three yrs...there is a horse farm on the east side..has always been vacant horse land 'cept for a well in the front section adjacent to my property...well just found out the neighbor has sold her property and the new neighbor is introducing himself and informing me of an easement and how he is putting a driveway on OUR property b'cuz of the easement...I played dumb blonde(i am spectacular at that) and came inside and looked at my survey and it shows an ' ingress- egress ' What does this mean? I have asked several contractors..(not any lawyers yet)..but they tell us that he can not put a driveway there...but we are not sure and would be so appreciative of any help in this matter....(it has been the same fence for over 25 yrs..i was on this property when it was built..lived out my childhood here and want to live old age with no problems)..please before he starts tearing stuff down and my husband goes ballistic...any help or info....thanks.
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by hintaskool
    What is the name of your state?Florida
    We bought my parents old house and property 8 years ago..but leased to own for the first three yrs...there is a horse farm on the east side..has always been vacant horse land 'cept for a well in the front section adjacent to my property...well just found out the neighbor has sold her property and the new neighbor is introducing himself and informing me of an easement and how he is putting a driveway on OUR property b'cuz of the easement...I played dumb blonde(i am spectacular at that) and came inside and looked at my survey and it shows an ' ingress- egress ' What does this mean? I have asked several contractors..(not any lawyers yet)..but they tell us that he can not put a driveway there...but we are not sure and would be so appreciative of any help in this matter....(it has been the same fence for over 25 yrs..i was on this property when it was built..lived out my childhood here and want to live old age with no problems)..please before he starts tearing stuff down and my husband goes ballistic...any help or info....thanks.
    **A: look at your survey and title report as there most likely is an easement of ingress egress purposes. Just think of dumb blonde sex; ingress means going in and egress going out.
  3. #3
    hintaskool is offline Junior Member
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    Quote Originally Posted by HomeGuru
    **A: look at your survey and title report as there most likely is an easement of ingress egress purposes. Just think of dumb blonde sex; ingress means going in and egress going out.


    Very descriptive way to put it....what are our options on saving our land as is (like it has been for the past 30 yrs.)?????? we do have surveys...is an easement that is on our property considered ours? or county?? there has been the same fence for 30 yrs...if we try to reinforce it or change to concrete it in the ground ..will there be repercussions? the easement is 15' on our side of the fence line...thank you ...thank you...
  4. #4
    Tammy1234 is offline Junior Member
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    We are in MO and just bought a house that has an easement on it because there are 80 acres behind us that is landlocked. Our easement states ingress and egress. He basically has to drive through our field to get to his property. He doesn't live there but comes by daily. I know this isn't really an answer to you, however, there is no driveway for him. He is able to get into and out of his property without the driveway. And as far as your neighbor goes, the drive into and out of his property doesn't need to be concrete.
  5. #5
    hintaskool is offline Junior Member
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    thanks tammy1234

    any info or other stories of the like help...thanks for the input...i'm just hoping there will be harmony among neighbors (that is very rare)...and hopefully he will not want concrete.
  6. #6
    patcoadditives is offline Junior Member
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    It might be your right

    I think the concrete becomes your property and have the right to tear it out and bill the new owner for it.
    I'm not a registered law person, so no clue to anything being lawful.
    Call the sheriff when the trucks come in cause they are dumping stuff without your authorization. Call in trespass compliant on neighbor for wandering off - leaving the easement boundaries.
    This worked with my neighbor when trucks came in to put a pond in his field.
    The trucker had to restore the pathway to previous condition - I had pics to show condiotion before damage.
  7. #7
    nextwife is offline Senior Member
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    Without review of the title/survey, none of us can begin to tell you what they can or cannot do on the egress easement.

    However, be advised that just because the neighbors land has been mostly vacant uninhabited up until now does NOT invalidate the easement. It runs indefinately. So, if the new owner's legal acces is via this easement, they will have every right to utilize it (to what degree they can improve it depends on the easement language, but most certaily it will need to be passable). If the easement has been there all along, dad bought the place with the easement there, and you bought from him with the easement already there. The fact that they have not needed to use it up until now does not make it go away.
  8. #8
    hintaskool is offline Junior Member
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    Talking

    thanks to all who took time to reply...he does want to do concrete or shall i say "asphalt"...so i've got other questions everywhere..hopefully will be peaceful...but got my eyes WIDE OPEN....finding out from the appraisers about property taxes and the effect...so maybe i can just hand him a bill for property taxes every year...that might make some folk shy away from that eh? thanks again..
  9. #9
    ElRamon22 is offline Junior Member
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    Be Careful

    I am a law student currently studying the creation and use of easements. you need to find out how the easement was created. If there was an easement created at any point in the history of the title, than the owner of that easement passes those rights on to any subsequent owner. You don't want to go tearing up his driveway if he has a right to passage. There are a number of ways to go about creating an easement, and depending on how this one was allegedly created will make a difference as to what rights you have. However, in most cases if the easement has already been legally created, you will not have any right to tax its use. If you used title insurance in purchasing the property just look at your policy. If there is an exemption in your policy for a particular easement, that probably means that there has been a valid easement created (unless it is just a general provision that says they will not insure against any possible easements). If there is no such provision, then it was an oversight by the insurance company that they are probably liable for and you may collect damages against them.
    Conversely, the new owner may be asserting the right to an easement that has not been legally recognized, in that case, you have a right to prevent the easement or demand him to purchase it from you, but you have to go about things in the right way. It would probably be best to consult with an attorney if you are seriously concerned.
  10. #10
    John Se is offline Member
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    easement means:

    Easement means some elses interest in your property. You own your property, the other has an interest in it. sounds liken you have dirt now, why wouldnt you want it improved?, would cut down the dust/noise and the easement holder would be giving you the pavement. You always own it, they just have an interest. You should work with them, you will both benefit, and you can use it too.
  11. #11
    atxcoolguy is offline Member
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    hi, we have had this similar "problem" for as long as we've owned our house. there is a paved driveway that goes through the edge of our property to another property behind us that is landlocked. the only thing i can tell you is that they probably have the right to build a paved surface to access their land. as unfair as it sounds, its just something you have to deal with. however, if they build the road, they must continue to upkeep it. i would also check out county court records, they will have the exact agreement on file and it will say what they can and can't do.

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