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  1. #1
    Rosebudlr Guest

    Unhappy Problem with easement

    What is the name of your state? Minnesota

    I own property with a easement to another's property located behind our home. Whom is legally responsible to maintain the easement road. Our problem is that a culvert under his easement collapsed 6 years ago after he allowed a logging company to come in and log out his woods and without the culvert now, our property is turning into swamp because the water can not drain out into the river like it is supposed to made up of digs from the county . We told our "backdoor" neighbor years ago about the problem and at that time he said he was going to contact the loggers to make them fix the road to no avail and we havent heard anything from him since. So am I right to believe it is his responsiblity to fix his culvert? He refuses and has gotten quite nasty lately with us and our front lawn is depreciating each year as the swamp grows larger each year. If he doesnt want to fix the road, can we close it off permenantly and/or force him to fix it ? Please someone help.
  2. #2
    krispenstpeter Guest
    Who must maintain the easement will be spelled out in the deed. If nothing is stipulated as to your responsibilities, then the owner of the property where the easement is granted must maintain.

    Now, read your easement agreement.
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Rosebudlr
    What is the name of your state? Minnesota

    I own property with a easement to another's property located behind our home. Whom is legally responsible to maintain the easement road. Our problem is that a culvert under his easement collapsed 6 years ago after he allowed a logging company to come in and log out his woods and without the culvert now, our property is turning into swamp because the water can not drain out into the river like it is supposed to made up of digs from the county . We told our "backdoor" neighbor years ago about the problem and at that time he said he was going to contact the loggers to make them fix the road to no avail and we havent heard anything from him since. So am I right to believe it is his responsiblity to fix his culvert? He refuses and has gotten quite nasty lately with us and our front lawn is depreciating each year as the swamp grows larger each year. If he doesnt want to fix the road, can we close it off permenantly and/or force him to fix it ? Please someone help.
    **A: read the recorded easement agreement.
  4. #4
    Rosebudlr Guest
    Quote Originally Posted by krispenstpeter
    Who must maintain the easement will be spelled out in the deed. If nothing is stipulated as to your responsibilities, then the owner of the property where the easement is granted must maintain.

    Now, read your easement agreement.
    Thankyou, I will have to try and look into it on my property deed. But here is more that I should of mentioned. The "road" he uses years ago used to be a Township road. The township gave it up some 50 years ago so I am not even sure there is any kind of written easement for the neighbor to use . Also, since the township gave up the road, then the property line runs directly down the middle of the road between us and our other neighbor and yes, we do pay the taxes on all here. Does that make anymore sense? I am very unknowledgeable about legal issues. You say there should be something mentioned on my deed about the easement? I will look. Thankyou so much and please come back when I post if I find anything at all about it written in my deed please.
  5. #5
    krispenstpeter Guest
    Rose, yes, that was important information.

    Go to the recorder's office in your county seat and pull all deeds connecting to the road. It's a very easy process and all you need is the address and/or names of the property owners.

    On ONE of the deeds, if not all of them, the 'give-back' of the property will either be listed or the easement to the county will be listed.
  6. #6
    HomeGuru is offline Senior Member
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    And let us know what you find.
  7. #7
    just4ladejane is offline Junior Member
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    found this article on internet

    Found this article on internet when I was searching laws regarding easements and right of ways


    Rights of Way Should Spell Out Property Owners Obligations

    Rights of way are a common ingredient to many forms of land ownership. Some are as simple as a footpath to a beach, while others are so complex they amount to private roadways.
    I found this on the internet (part of articles I was reading on easement rights:

    A right of way is a property ownerís right to pass from one point to another across another personís land. They are normally created by express grants in deeds. But itís also possible to obtain one by ìprescription,î which involves open, unobstructed use of the route for a continuous 20 years.

    The most common problem involving rights of way is the absence of documentation to establish the extent of their usage. As a result, few people appreciate such things as who has the responsibility for their repair and maintenance, or what the property rights of the actual owner are.

    It usually comes as a surprise to most rights-of-way users that they, not the owner of the land, are responsible for its upkeep. Many are equally surprised to discover that a right of way amounts to no more than a right to pass over land. Users donít acquire a greater interest in the land over time.

    I wish I remembered the site...I just copied and pasted and saved in documents.
    ..but it under some laws on easements and right-of -ways
    Last edited by just4ladejane; 05-21-2005 at 08:51 PM. Reason: omitted source
  8. #8
    nextwife is offline Senior Member
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    THis thread is five years old! The poster is long gone.

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