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  #1  
Old 06-22-2005, 12:16 AM
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Join Date: Jun 2005
Posts: 3

Deeded road maintance requirement


What is the name of your state?What is the name of your state?What is the name of your state? South Dakota
We live at the end of a one mile private 30 foot deeded right of way. In 1998 the new owner of the property built a house off this easement and because he needed more money to finish his house, he subdivided. When he subdivided the county required him to improve the easement road. It goes .1 of a mile improved and after that was left alone.
The easement says:
"Said roadway or access right-of-way shall be maintained by the Grantees... and this easement shall run with the land."
Our problem is the guy that now owns the land our easement goes over is telling us how he wants the rest of the road maintained.
We have graded, put over 15 tons of gravel on it, etc. He said because we are the Grantees we must maintain it for him. He wants it ditched, crowned, etc to the tune of
$10,000.00. This is a pasture road for him. There are two other land owners that use this easement but his demands to them are to find another way out. This is our only egress/ingress. There are no other specifications on the deed as to what standards to maintain the road. This is a ranch road, there is no hoa association. I use this road twice a day without any problem getting in or out.
1. Can he dictate to us what he wants done?
2. Is it legal to have us pay but not the other two landowners that use this easement.
3. Am I wrong to feel the deed is saying that we as Grantees cannot hold the Grantor responsible to maintain the easement and nothing more?
We have our place for sale because of him. We had a buyer but he sent her a letter saying she would be required to pay $200.00 a year for two years and then $600.00 the third year for road maintaince. These are numbers he has made up and is dictating(among other things). We have now lost the sale because of the letter.
HELP!!!!!
Dakotah
  #2  
Old 06-24-2005, 08:05 PM
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Join Date: Jun 2005
Posts: 3

anyone there


south dakota again
anyone with any ideas?
  #3  
Old 06-25-2005, 09:33 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Dakotah
south dakota again
anyone with any ideas?

**A:Idea #1; first read your recorded easement agreement.
  #4  
Old 06-30-2005, 05:22 AM
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Join Date: Jun 2005
Posts: 3
I have. It states road to be maintained by grantee for grantee.. It has nothing else about maintaince. It is a deeded plated right of way.
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