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Easement issues

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jenrlinfl

Junior Member
What is the name of your state? Florida
My husband and I purchased just under three acres of land. The piece of property is long and narrow and is literally cut in half by a protected skinny strip of wetlands, so we have usable property in the front and usable property in behind the wetlands. We built our house in the front part. We have NO WAY to get back to our wetlands unless we use a dirt road that is directly beside our property, which leads to our back property and a few acres that are behind our property. This extra few acres behind us is owned by someone else. Behind him is nothing but protected land. Anyway, when we purchased this property we were under the impression that we owned the dirt road beside us. We found out that this is not true, and then were told that we had an easement. We found out that this is also not true and was never documented. The man who owns the property behind us has put up a locked gate at the beginning of the road and now we have no way to get to our back property. We have talked with him and he refuses to give us easement.
We bought this acreage from my parents, who originally owned the entire parcel of land that we are all now on. We've talked with them and they blame the surveyor for not documenting the easement properly.
So now i'm at a loss of what to do and what legal actions we can take. We would like to use our property!
Another point, we have a large florida power pole on the back of our property and we can't do anything within so many feet of the pole, so we have to give them easement...how can we give them easement and accessibility if we don't even have an easement or accessibility??
THANK YOU!
 


S

seniorjudge

Guest
jenrlinfl said:
What is the name of your state? Florida
My husband and I purchased just under three acres of land. The piece of property is long and narrow and is literally cut in half by a protected skinny strip of wetlands, so we have usable property in the front and usable property in behind the wetlands. We built our house in the front part. We have NO WAY to get back to our wetlands unless we use a dirt road that is directly beside our property, which leads to our back property and a few acres that are behind our property. This extra few acres behind us is owned by someone else. Behind him is nothing but protected land. Anyway, when we purchased this property we were under the impression that we owned the dirt road beside us. We found out that this is not true, and then were told that we had an easement. We found out that this is also not true and was never documented. The man who owns the property behind us has put up a locked gate at the beginning of the road and now we have no way to get to our back property. We have talked with him and he refuses to give us easement.
We bought this acreage from my parents, who originally owned the entire parcel of land that we are all now on. We've talked with them and they blame the surveyor for not documenting the easement properly.
So now i'm at a loss of what to do and what legal actions we can take. We would like to use our property!
Another point, we have a large florida power pole on the back of our property and we can't do anything within so many feet of the pole, so we have to give them easement...how can we give them easement and accessibility if we don't even have an easement or accessibility??
THANK YOU!
Anyway, when we purchased this property we were under the impression that we owned the dirt road beside us.

Impressions are worthless in real estate transactions. You must go by what is in writing.


We've talked with them and they blame the surveyor for not documenting the easement properly.

It does not appear that there was any easement to document. But if there was an easement to document, then why didn't they say anything about it when they got the survey instead of waiting until now?


So now i'm at a loss of what to do and what legal actions we can take. We would like to use our property!

There are no legal actions you can take; your neighbor is not stopping you from using your own property.


Another point, we have a large florida power pole on the back of our property and we can't do anything within so many feet of the pole, so we have to give them easement...how can we give them easement and accessibility if we don't even have an easement or accessibility??

This is irrelevant. This is an easement that is on your property for your benefit. You are not landlocked so you cannot sue your neighbor for access because you already have it. The utility easement is an "easement in gross" meaning it just benefits one party, i.e., the utility company.

http://www.donchasemortgages.com/mort_title_easements.shtml

http://www.lucs.org/news.cfm?id=219
 

nextwife

Senior Member
jenrlinfl said:
My husband and I purchased just under three acres of land. ..... We found out that this is also not true and was never documented. .....
We bought this acreage from my parents, who originally owned the entire parcel of land that we are all now on. We've talked with them and they blame the surveyor for not documenting the easement properly.

Not to sound like a broken record, BUT, had you purchased title insurance when you bought the place you would have had KNOWLEDGE of whether or not there was an easement BEFORE you closed.

It is NOT the surveyors job to draft or record an easement agreement. He only creates a legal description of a given section of land. It was up to the party who divided the property to have their attorney draft the easement, referencing the legal description provided by the surveyor AND any maintenance agreement for the easement. It was up to your parents to make SURE they got that document done and placed "of record".
 

BelizeBreeze

Senior Member
nextwife said:
Not to sound like a broken record, BUT, had you purchased title insurance when you bought the place you would have had KNOWLEDGE of whether or not there was an easement BEFORE you closed.

It is NOT the surveyors job to draft or record an easement agreement. He only creates a legal description of a given section of land. It was up to the party who divided the property to have their attorney draft the easement, referencing the legal description provided by the surveyor AND any maintenance agreement for the easement. It was up to your parents to make SURE they got that document done and placed "of record".
I found my thrill...
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nextwife

Senior Member
Yikes! It just occured to me that there are kids growing up who don't have a clue what a broken record IS!



But did they have an Easement to access Blueberry Hill?
 

jenrlinfl

Junior Member
but...

would i not be considered landlocked since i have no access to my back property?? we are not allowed to build a road or walk way over the wetlands...
 

BelizeBreeze

Senior Member
jenrlinfl said:
would i not be considered landlocked since i have no access to my back property?? we are not allowed to build a road or walk way over the wetlands...
So what? What you are basically saying is that because your parents did nothing to secure an easement for access to the back property and because you did not do your due diligence in purchasing the land, that the courts should force the owner of the road to give up rights that are his under law just so you can go back to this strip of land.

Sorry, the court does not protect people from their own mistakes and certainly does not require one party to give up rights to satisfy another party.

You should have checked all of this out BEFORE purchasing the property.

You know, there IS such a thing as waders or bridges or pontoon boat.
 
S

seniorjudge

Guest
Q: would i not be considered landlocked since i have no access to my back property?? we are not allowed to build a road or walk way over the wetlands...

A: You are NOT landlocked. A public road goes past your front door. If, for example, I buy a thousand acres in Colorado and the front half abuts a public road but there is an impassable mountain between me and the back part of my property, I have legal access to ALL the property. I do not have actual access and I cannot force my neighbor to let me use his land to get there.
 

nextwife

Senior Member
You certainly have the option of offering to buy an easement from a neighbor and paying them an equitable price for it. But use an attorney this time, and obtain title insurance to make certain the easement is legally theirs to grant.
 

jenrlinfl

Junior Member
Thank you for all of your responses. We bought the three acres from my parents in good faith....lesson learned.
My parents do contend that an easement was recorded (hand recorded) in the original sale of the far back property. When the original owners sold it to the current owners, the easement was not recorded on the second sale.
 

nextwife

Senior Member
IF it was properly drafted and recorded, reserving use across a given section of land for the benfit of your parcel, while they still owned it, the easement would continue. It does NOT need to be continually rerecorded with each subsequent sale - as it runs with the land.

Have you had a title company do a search for that easement and provide a copy to determine what current rights it presently provides? So, if you have no decent title research, how do you know if you do or don't even HAVE an easement?
 
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jenrlinfl

Junior Member
I don't think the easement was PROPERLY drafted and recorded...I think in the original sale they just wrote it in.
There have been a couple of title searches done and there is no easement...the people who own the property behind us own that road and have absolutely no intention of letting us pay for an easement. This situation suits them just fine because they "don't want anything put on the back property anyway."
 

nextwife

Senior Member
Even if it was added as a few lines in a conveyance deed, it could still be valid. An easement does NOT need to be a seperate document. Have you pulled that deed and had an attorney/title company review it?

WHO did the "title search" you are referencing? A professional title searcher?

Have you had a title company, EVER, do a search to determine what easements rights exist for your property?
 
S

seniorjudge

Guest
jenrlinfl said:
Thank you for all of your responses. We bought the three acres from my parents in good faith....lesson learned.
My parents do contend that an easement was recorded (hand recorded) in the original sale of the far back property. When the original owners sold it to the current owners, the easement was not recorded on the second sale.
What counts is what is in writing.

Anyway, I am not familiar with what "hand recorded" means, but if there is no easement agreement in writing recorded in the land deed records of the county where the land is located, then it is unlikely that any easement exists.
 

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