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Easement
- Thread starter philipp10
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philipp10 said:What is the name of your state?What is the name of your state?Minnesota
Test
**A: I don't like tests.
**A: I don't see any question posed on this thread.philipp10 said:Could you comment on my question I posed on the easement. It has 6 replies but I still do not have a definitive answer.
philipp10 said:it is 3 threads back, entitled "easement". Belizebreeze was posting but sopped without and definitive answer.
**A: And you expect me, The HomeGuru to actually hunt around and find your other thread? Oh puhlease. I don't search pal, sorry.
here it is
Easement
--------------------------------------------------------------------------------
What is the name of your state?What is the name of your state?What is the name of your state?Minnesota
I own 16 feet of property on a lake. It is subject to an easement by 7 other properties. Here is the wording of the easement agreement:
"Full and free right and liberty for them, their tenants, servants and visitors in common with all other persons having the like right, at all times hereafter, on foot, but not with horses, cattle or other animals, carts or carriages, automobiles or other vehicles of any description, to pass and repass along the said private road extending from Lake Owasso Boulevard to the shore of Lake Owasso for all lawful purposes connected with the use and enjoyment of the premises of the second parties as a single family dwelling but for no other purposes.
To hold the Right-of-way hereby granted unto the parties of the second part, their heirs and assigns as appurtenant to the said premises".
My questions are:
1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?
2. What rights do I have if I want to construct a dock but their is only room for 1 dock?
3. The property is very steep at the end by the lake. There are stairs there now. Can I remove them even though the easement owners would have no way to access the lake without them?
Easement
--------------------------------------------------------------------------------
What is the name of your state?What is the name of your state?What is the name of your state?Minnesota
I own 16 feet of property on a lake. It is subject to an easement by 7 other properties. Here is the wording of the easement agreement:
"Full and free right and liberty for them, their tenants, servants and visitors in common with all other persons having the like right, at all times hereafter, on foot, but not with horses, cattle or other animals, carts or carriages, automobiles or other vehicles of any description, to pass and repass along the said private road extending from Lake Owasso Boulevard to the shore of Lake Owasso for all lawful purposes connected with the use and enjoyment of the premises of the second parties as a single family dwelling but for no other purposes.
To hold the Right-of-way hereby granted unto the parties of the second part, their heirs and assigns as appurtenant to the said premises".
My questions are:
1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?
2. What rights do I have if I want to construct a dock but their is only room for 1 dock?
3. The property is very steep at the end by the lake. There are stairs there now. Can I remove them even though the easement owners would have no way to access the lake without them?
BelizeBreeze
Senior Member
#7 Today, 08:51 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
I purchased the property in October 2000. At that time, there was a small wood landing and stairs permanently built on the land. The dock, was installed each spring and taken out in fall, stored on the land. It has been there in some form since the 1950's.
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#6 Today, 08:43 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,215
Quote:
Originally Posted by philipp10
Yes, but my main question is:
"Do I have to allow the easement holders to construct a dock at the end of this land? Can I remove their dock and at some point in the future, set up my own dock?
No you do not. They are not owners, only ROW holders. How long has the dock been there? And if it is recent, what were you doing during the construction?
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#5 Today, 08:34 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
Yes, but my main question is:
"Do I have to allow the easement holders to construct a dock at the end of this land? Can I remove their dock and at some point in the future, set up my own dock?
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#4 Today, 08:26 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,215
Then the dock should not be a problem as long as it does not impeed access to the shoreline.
The stairs, judging from your description of the terrain, are another matter. I could see a judge ruling that destroying the 'safe' access that is already there as a impediment to the ROW holder's access rights under the deed restrictions.
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#3 Today, 08:16 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
I OWN the underlying property. I hold title and pay taxes on this land. It was purchased in October 2000. The easements were granted in the 1950's by previous owners to the 7 other families.
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#2 Today, 07:58 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,215
Quote:
Originally Posted by philipp10
1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?
Yes, depending on local zoning and permit requirements.
Quote:
Originally Posted by philipp10
2. What rights do I have if I want to construct a dock but their is only room for 1 dock?
Now you're not making sense. do you own the land or are you granted an easement?
Quote:
Originally Posted by philipp10
3. The property is very steep at the end by the lake. There are stairs there now. Can I remove them even though the easement owners would have no way to access the lake without them?
Now I need a drink.
O.K. first answer this question: DO YOU OWN the underlying property or are you granted the easement?
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#1 Today, 07:52 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
Easement
--------------------------------------------------------------------------------
What is the name of your state?What is the name of your state?What is the name of your state?Minnesota
I own 16 feet of property on a lake. It is subject to an easement by 7 other properties. Here is the wording of the easement agreement:
"Full and free right and liberty for them, their tenants, servants and visitors in common with all other persons having the like right, at all times hereafter, on foot, but not with horses, cattle or other animals, carts or carriages, automobiles or other vehicles of any description, to pass and repass along the said private road extending from Lake Owasso Boulevard to the shore of Lake Owasso for all lawful purposes connected with the use and enjoyment of the premises of the second parties as a single family dwelling but for no other purposes.
To hold the Right-of-way hereby granted unto the parties of the second part, their heirs and assigns as appurtenant to the said premises".
My questions are:
1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?
2. What rights do I have if I want to construct a dock but their is only room for 1 dock?
3. The property is very steep at the end by the lake. There are stairs there now. Can I remove them even though the easement owners would have no way to access the lake without them?
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
I purchased the property in October 2000. At that time, there was a small wood landing and stairs permanently built on the land. The dock, was installed each spring and taken out in fall, stored on the land. It has been there in some form since the 1950's.
philipp10
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Find all posts by philipp10
Add philipp10 to Your Buddy List
Post Your Case To An Attorney
#6 Today, 08:43 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,215
Quote:
Originally Posted by philipp10
Yes, but my main question is:
"Do I have to allow the easement holders to construct a dock at the end of this land? Can I remove their dock and at some point in the future, set up my own dock?
No you do not. They are not owners, only ROW holders. How long has the dock been there? And if it is recent, what were you doing during the construction?
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BelizeBreeze
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#5 Today, 08:34 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
Yes, but my main question is:
"Do I have to allow the easement holders to construct a dock at the end of this land? Can I remove their dock and at some point in the future, set up my own dock?
philipp10
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Find all posts by philipp10
Add philipp10 to Your Buddy List
Post Your Case To An Attorney
#4 Today, 08:26 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,215
Then the dock should not be a problem as long as it does not impeed access to the shoreline.
The stairs, judging from your description of the terrain, are another matter. I could see a judge ruling that destroying the 'safe' access that is already there as a impediment to the ROW holder's access rights under the deed restrictions.
__________________
I don't do handouts...but here's a finger.
BelizeBreeze
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#3 Today, 08:16 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
I OWN the underlying property. I hold title and pay taxes on this land. It was purchased in October 2000. The easements were granted in the 1950's by previous owners to the 7 other families.
philipp10
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Find all posts by philipp10
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#2 Today, 07:58 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,215
Quote:
Originally Posted by philipp10
1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?
Yes, depending on local zoning and permit requirements.
Quote:
Originally Posted by philipp10
2. What rights do I have if I want to construct a dock but their is only room for 1 dock?
Now you're not making sense. do you own the land or are you granted an easement?
Quote:
Originally Posted by philipp10
3. The property is very steep at the end by the lake. There are stairs there now. Can I remove them even though the easement owners would have no way to access the lake without them?
Now I need a drink.
O.K. first answer this question: DO YOU OWN the underlying property or are you granted the easement?
__________________
I don't do handouts...but here's a finger.
BelizeBreeze
View Public Profile
Find all posts by BelizeBreeze
Add BelizeBreeze to Your Buddy List
Post Your Case To An Attorney
#1 Today, 07:52 AM
philipp10
Junior Member Join Date: Apr 2005
Posts: 8
Easement
--------------------------------------------------------------------------------
What is the name of your state?What is the name of your state?What is the name of your state?Minnesota
I own 16 feet of property on a lake. It is subject to an easement by 7 other properties. Here is the wording of the easement agreement:
"Full and free right and liberty for them, their tenants, servants and visitors in common with all other persons having the like right, at all times hereafter, on foot, but not with horses, cattle or other animals, carts or carriages, automobiles or other vehicles of any description, to pass and repass along the said private road extending from Lake Owasso Boulevard to the shore of Lake Owasso for all lawful purposes connected with the use and enjoyment of the premises of the second parties as a single family dwelling but for no other purposes.
To hold the Right-of-way hereby granted unto the parties of the second part, their heirs and assigns as appurtenant to the said premises".
My questions are:
1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?
2. What rights do I have if I want to construct a dock but their is only room for 1 dock?
3. The property is very steep at the end by the lake. There are stairs there now. Can I remove them even though the easement owners would have no way to access the lake without them?
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