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 said:

1. Do the easement holders have a right to construct a dock at the end of this land to moor a boat?

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Yes, depending on local zoning and permit requirements.

philipp10 said:

2. What rights do I have if I want to construct a dock but their is only room for 1 dock?

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Now you're not making sense. do you own the land or are you granted an easement?

philipp10 said:

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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Now I need a drink.

O.K. first answer this question: DO YOU OWN the underlying property or are you granted the easement?

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.

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.

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 said:

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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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?

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 said:

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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Then send them a certified (RRR) letter telling them to remove the dock within five days and that you demand they no longer install said dock on your property.

Is there any language in the easement addressing the rights of easement holders to have or use a dock or to continue using a dock?

At the beginning of this thread, I posted the full text of the easement agreement. I am questioning how to interpret this text.
As far as sending a letter to have them remove the dock, I am sure they will take me to court over this. What will that entail and what will it cost me?

help

At the beginning of this thread, I posted the full text of the easement agreement. I am questioning how to interpret this text.
As far as sending a letter to have them remove the dock, I am sure they will take me to court over this. What will that entail and what will it cost me?

philipp10 said:

At the beginning of this thread, I posted the full text of the easement agreement. I am questioning how to interpret this text.
As far as sending a letter to have them remove the dock, I am sure they will take me to court over this. What will that entail and what will it cost me?

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We don't have the crystal ball back from the shop. JUst send the damn letter or not. That's a personal decision.

Your worthless. First you don't read my original post and ask questions like"do I own the underlying land" when it was all stated factually in my first post. Now, you can't even render an opinion as to the meaning of the easement agreement. There is wording in there that is subject to intreptation.