What is the name of your state? Florida
Hi, I recently purchased land which has a perpetualy easement running through it from the property to the right and ending at the property to the left of me. The wording in my deed and the deed for the lot where the easement ends is very limited and only states that a "roadway easement is granted to their heirs and assigns in perpetuity an easement of the use of the private roadway as shown on drawings #.....". The easement appears to have been paved with tar within the last 5 years after being sold to new owner. A gate was also installed at the entrance of the easement before I purchased the property and is currently locked. Keep in mind that the owner of the easement does not own the land that the gate is on. My questions are:
1. Can the owner of the easement force us to contribute to the maintainance of this paved road or the upkeep of an electrical gate?
2. Can the owner of the easement leagally construct a gate and lock the gate which would prohibit me from accessing my property?
3. Would I be within my rights to cut the lock should they refuse to give me a key?
4. What can I do as it seems like the easement encroaches onto my property or beyond the 30 feet established for the right of way.
I personally don't feel like I should be responsible for paying for the maintainance of this road as they had no right to pave the road. It is my understanding that unless the easement was specific to what can be done or errected on it, the burden of the easement should be minimal to me as the servient landowner.
Thanks again for your advice.
Jack77
Hi, I recently purchased land which has a perpetualy easement running through it from the property to the right and ending at the property to the left of me. The wording in my deed and the deed for the lot where the easement ends is very limited and only states that a "roadway easement is granted to their heirs and assigns in perpetuity an easement of the use of the private roadway as shown on drawings #.....". The easement appears to have been paved with tar within the last 5 years after being sold to new owner. A gate was also installed at the entrance of the easement before I purchased the property and is currently locked. Keep in mind that the owner of the easement does not own the land that the gate is on. My questions are:
1. Can the owner of the easement force us to contribute to the maintainance of this paved road or the upkeep of an electrical gate?
2. Can the owner of the easement leagally construct a gate and lock the gate which would prohibit me from accessing my property?
3. Would I be within my rights to cut the lock should they refuse to give me a key?
4. What can I do as it seems like the easement encroaches onto my property or beyond the 30 feet established for the right of way.
I personally don't feel like I should be responsible for paying for the maintainance of this road as they had no right to pave the road. It is my understanding that unless the easement was specific to what can be done or errected on it, the burden of the easement should be minimal to me as the servient landowner.
Thanks again for your advice.
Jack77