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  1. #1
    olsong is offline Junior Member
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    Vague easement definition.

    What is the name of your state? NE

    I have a neighbor on the back side of me, away from the county road. If he (Randy) ever comes here and wants to access his property he will refer to his easement. His easement is defined as "by shortest route across section 9." Section 9 is the section we all live in. In 1988 he bought the property and spent some money putting in a cow trail road which he then abandoned. Several people have now built homes along the first part of this road. The last part of the the road has been sold to myself and another person. Both of us are going to deny Randy has a right to cross our property to get to his. He then is land locked. My question is, What does an easement defined like this mean?

    Thanks Jerry
  2. #2
    justalayman is offline Senior Member
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    Quote Originally Posted by olsong View Post
    My question is, What does an easement defined like this mean?

    Thanks Jerry
    it means just what it says. He has the right to access his property, crossing yours in the process, "by shortest route across section 9."

    It is quite ambiguous and as such, could be run through the courts to get a more defined description but until then, he gets to use the "shortest route across section 9." to get to his property.
  3. #3
    olsong is offline Junior Member
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    Strictly defined or not.

    Your response is to strictly interpret his easement. His property is in the north east corner of the section. Strictly interpreted he would cross not one. Does the fact he used a road after purchase of the property have an impact?

    Thanks Jerry
    Last edited by olsong; 06-11-2008 at 11:52 AM.
  4. #4
    olsong is offline Junior Member
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    Or can Randy cross section 9 wherever he wants?

    Thanks Jerry
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by olsong View Post
    Or can Randy cross section 9 wherever he wants?

    Thanks Jerry
    he can utilize his easement as it is written against any serviant tenement of the grant. The use of the road may provide you with justification to seek to have the grant of easement currently in place removed from your deed but that action in itself does not affect the easement in place.

    if the grant is within your deed, then you have to allow him to exercise his rights to the easement until a court states otherwise.

    Even you state he is landlocked without this easement. I doubt you will be able to have it removed based solely on that one piece of info.

    your description of the situation is difficult to understand so it is difficult to reply with any specificity.

    Or can Randy cross section 9 wherever he wants?
    the shortest route is not going to change so he can only use the shortest route. He cannot claim one path one day and a different path another day.
  6. #6
    olsong is offline Junior Member
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    Thank you so much for your help. Yet I remain confused. I will make my statement more clear.

    A section of land is a big square, usually having a grid placed over it with each small section representing a separate piece of property owned by an individual. Fred owns the piece of property right in the corner of this section 9.

    My deed mentions Fred's easement allowing him get to his piece by shortest route across section 9. Strictly interpreted he would enter only onto his piece without crossing any of the other pieces.

    It seems as if my rights, as title holder to a piece of property, would protect me from ambiguous easements such as this.

    I hope this is more clear.

    Thanks so much for your help. I have talked to several real estate attorneys and have been told each time to fence him off and see what he does. That can be expensive though.

    Jerry
  7. #7
    justalayman is offline Senior Member
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    Quote Originally Posted by olsong View Post

    My deed mentions Fred's easement allowing him get to his piece by shortest route across section 9. Strictly interpreted he would enter only onto his piece without crossing any of the other pieces.
    you said he was landlocked. How would he get to his property without crossing one of the properties in section 9?
  8. #8
    olsong is offline Junior Member
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    A section of land is a big square, usually having a grid placed over it with each small section representing a separate piece of property owned by an individual. Fred owns the piece of property right in the corner of this section 9.

    Thank you so much for your help.

    Jerry
  9. #9
    justalayman is offline Senior Member
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    Quote Originally Posted by olsong View Post
    A section of land is a big square, usually having a grid placed over it with each small section representing a separate piece of property owned by an individual. Fred owns the piece of property right in the corner of this section 9.

    Thank you so much for your help.

    Jerry
    I know what a section is. It goes along with townships and rangelines in defining a piece of property in a rectangular style of surveying land. It consists of 640 acres and is 1 mile square.

    So, you did not answer the question of: how is this guy supposed to get to his and without crossing over any other part of the section if he is landlocked?
  10. #10
    olsong is offline Junior Member
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    I apologize for not making myself clearer.


    His property is in the corner, he can enter his property in section 9 without crossing anyone . (statement stands alone)

    That said, if he enters from the adjacent corner he crosses many people.


    Thanks again for all your help

    Jerry
  11. #11
    olsong is offline Junior Member
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    I live in a country with many deep canyons with lots of very large pine trees. "by shortest route" would be a straight line starting somewhere ( not practical could be impossible because of deep canyons). What rule is used to define starting point of "by shortest route"?
  12. #12
    justalayman is offline Senior Member
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    you still have not answered the question so let me leave you with this.

    stand on the edge of his property closest to a road. Draw a line from that point to the road. This must be a path that can be followed (no cliffs etc. )

    that is the shortest path of access and that is what he is entitled to use based upon what I could garner from your posts.


    His property is in the corner, he can enter his property in section 9 without crossing anyone . (statement stands alone)
    well, that statement and this one:

    He then is land locked
    are not jiving with each other here. Either he is landlocked or he has access to his property. Can't be both.
  13. #13
    olsong is offline Junior Member
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    I wish I had not said "land locked". I think we got stuck with that.

    Thanks though.

    You help is much appreciated.

    Jerry

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