Definitation of easement?

What is the name of your state? ARK

What can/cannot be done - by a property owner regarding an easement on his property.

Deed states "easement along east side of property" - survey plot shows 10 foot easement along east property side. Legal description of property has no mention of the easement.

All the deed states is "easement" there are no restrictions or defining information about the easement.

What are the property owners rights regarding what can be done and not done on the easement by parties using the easement ( 2 non-landlocked property owners to the south).

Can the easement be parked in? can the property owner run a fence along one side of the easement as long as it isn't in the 10 feet noted? can a gate be placed at either end of the easement? What accomdations must be allowed to allow access to the easement and to not obstruct the easement?

In general what are the rights/limits when all the deed states is the word easement?

thanks

Happy123 said:

What is the name of your state? ARK

What can/cannot be done - by a property owner regarding an easement on his property.

Deed states "easement along east side of property" - survey plot shows 10 foot easement along east property side. Legal description of property has no mention of the easement.

All the deed states is "easement" there are no restrictions or defining information about the easement.

What are the property owners rights regarding what can be done and not done on the easement by parties using the easement ( 2 non-landlocked property owners to the south).

Can the easement be parked in? can the property owner run a fence along one side of the easement as long as it isn't in the 10 feet noted? can a gate be placed at either end of the easement? What accomdations must be allowed to allow access to the easement and to not obstruct the easement?

In general what are the rights/limits when all the deed states is the word easement?

thanks

Click to expand...

What type of easment is it? Utility? Drainage?

There is noithing spelled out.. Just easement. No utility lines run in the easement.

Right now the lots to the south drive across it, however they are not landlocked and have other access to their property. I really do mind them driving across it. I was just wondering what rights I have as the property owner and can I run a fence down one side (on my property), I will not put the fence in the 10 foot easement. Also can/could I install gates at either end of the easement?. This same easement runs across the east side of their property also. They park in the easement on their property all the time. Can I park in the easement on my property also seeing as they do on their property?

thanks

Happy123 said:

There is noithing spelled out.. Just easement. No utility lines run in the easement.

Right now the lots to the south drive across it, however they are not landlocked and have other access to their property. I really do mind them driving across it. I was just wondering what rights I have as the property owner and can I run a fence down one side (on my property), I will not put the fence in the 10 foot easement. Also can/could I install gates at either end of the easement?. This same easement runs across the east side of their property also. They park in the easement on their property all the time. Can I park in the easement on my property also seeing as they do on their property?

thanks

Click to expand...

Do anything you like. Just be prepared for the consequences.

Thank You

What consequences? please be more clear.

If it appears to be a non exclusive easement because it is not defined in the deed, seeing as they park on the easement as it crosses their property, seeing how they store stuff in the easement as it crosses their property, why would I not also be able to park in the easement on my property? I am lost as to why they could and I could not. (note the 10 foot easement runs across all three properties on the east side.)

Why would my placing a fence on my property running along the easement but not in the easement (down one side of the easement) cause consequences? I think I would have a right to do as I like on my property. I would not think they could access the easement from my property because they would be traspassing on my property. They have pointed out I can access the easement from the end between my property and their property but I can not go on their property to get to the easement. Would not that hold true for my property also?

the easement can be accessed from either end. If I put a gate across the easement the gate would not be locked and thus they could still access the easement. There is no memtion of ingress/egress and the property owners to the south are not landlocked and have access to their property from another routewhich they do use also..

one of the seniormemebers once posted that a person could put a fence around an easement and as long as a person could climb over the fence it didn't obstruct the easemnet because the easement could still be accessed. Just do not put the fence so that it was in the easement.

Happy123 said:

Thank You

What consequences? please be more clear.

If it appears to be a non exclusive easement because it is not defined in the deed, seeing as they park on the easement as it crosses their property, seeing how they store stuff in the easement as it crosses their property, why would I not also be able to park in the easement on my property? I am lost as to why they could and I could not. (note the 10 foot easement runs across all three properties on the east side.)

Why would my placing a fence on my property running along the easement but not in the easement (down one side of the easement) cause consequences? I think I would have a right to do as I like on my property. I would not think they could access the easement from my property because they would be traspassing on my property. They have pointed out I can access the easement from the end between my property and their property but I can not go on their property to get to the easement. Would not that hold true for my property also?

the easement can be accessed from either end. If I put a gate across the easement the gate would not be locked and thus they could still access the easement. There is no memtion of ingress/egress and the property owners to the south are not landlocked and have access to their property from another routewhich they do use also..

one of the seniormemebers once posted that a person could put a fence around an easement and as long as a person could climb over the fence it didn't obstruct the easemnet because the easement could still be accessed. Just do not put the fence so that it was in the easement.

Click to expand...

It really is going to depend on what type of easment it is!

Example: If it is a drainage easment, anything placed within the easment could cause an obstruction of water runoff. If it's a ultility easment, you must always allow for access for the utility companies.

In any event, until you find out what type of easment it is and what it's there for....it would serve you better to leave well enough alone.

Just because neighbors are utilizing this easment as they please, that does not mean that you can LEGALLY do the same.

Two wrongs don't make a right!!!

shellandty said:

Two wrongs don't make a right!!!

Click to expand...

That may be so but three lefts do.

justalayman said:

That may be so but three lefts do.

Click to expand...

Right??? rite??? wright??? correct????

shellandty said:

Right??? rite??? wright??? correct????

Click to expand...

left (turn), left (turn), left (turn) gives you the same effective result as one right turn

thanks..

It is not a drainage or utility easement. The easement was for a common drive before the three lots were divided. (was once just a lot with common ownership by three people and then was divided into three seperate lots). All lots have access from another road and are not land locked. There is noithing set out about the easement in the deed. Just the word easement. So I guess it would be an non-exclusive easement.

I agree three wrongs do not make a right.

I understand about not puttig anything in the easement but a fence on my property that runs along the easement I do not see where that would not be allowed as it would not be obstructing the easement. The fence would be placed on my property and not in the easement and also the easement would be open for access for the other property owners on their side (they could access the easement from their property).

thanks

If there is nothing set out in the deed identifying the type of easement then how do you know it's for ingress/egress?

THe deed doesn't set out what kind of easement..

However prior to splitting the lot into three seperate lots there was a common drive there. And while none of the parties are landlocked, I would guess the implication is that the easement was for the purpose of the common drive. There was an easement set out with the orginal deed (prior to subdividing) for common drives, that easement didn't define where the common drive was just that there was an easement for common drive.

I know that a better job should have been done on defining the easements etc. but it was not done and now the three parties have to try to live with what is there.

That is what I am trying to figure out. Just what one party can do or not do.

thanks

Happy123 said:

Thank You

What consequences? please be more clear.

If it appears to be a non exclusive easement because it is not defined in the deed, seeing as they park on the easement as it crosses their property, seeing how they store stuff in the easement as it crosses their property, why would I not also be able to park in the easement on my property? I am lost as to why they could and I could not. (note the 10 foot easement runs across all three properties on the east side.)

Why would my placing a fence on my property running along the easement but not in the easement (down one side of the easement) cause consequences? I think I would have a right to do as I like on my property. I would not think they could access the easement from my property because they would be traspassing on my property. They have pointed out I can access the easement from the end between my property and their property but I can not go on their property to get to the easement. Would not that hold true for my property also?

the easement can be accessed from either end. If I put a gate across the easement the gate would not be locked and thus they could still access the easement. There is no memtion of ingress/egress and the property owners to the south are not landlocked and have access to their property from another routewhich they do use also..

one of the seniormemebers once posted that a person could put a fence around an easement and as long as a person could climb over the fence it didn't obstruct the easemnet because the easement could still be accessed. Just do not put the fence so that it was in the easement.

Click to expand...

Q: What consequences?

A: One would be that a court would find that your interpretation of the easement language is wrong.

Thank You

Guess I am still lost as to why I could not place a fence on my property as long as it was not in the easement..

Does that mean that if a person has any kind of easement effecting their property they could not place a fence anywhere on their property as the court maybe could find that the fence obstructed the easement.

Everything I have read abount easements points to you can not do anything in the easement that goes against the purpose of the easement. It does not say you can do anything on your property as long as the holder of the easement can access the easement.

I do appreciate all of the imput and I guess you have answered my question even if I do not feel like my question has been answered.

But would be nice if you are right that no fence could be placed on a property that has an easement on it as the I have the same 10 foot easement on the east side and they park in it and store stuff in which I assume from the posts here a court would say they could not. I also have easements on their property for sewer, water and elect lines and the right to maintain the lines and they have placed a fence on their property between me and those easements so again it would appear that maybe they are in the wrong as the fence obstructs my access to the easements I hold. I could go around the fence but then according to my question about a fence on my property it should stand to reason that if I can't build a fence (they could go around it) then they are in voliation of my easenments with their fence as I would have to go around it.

Again thanks.. This is a small town and there are no attorneys that specialize in real estate beyound clsoings and sales contracts, there are none who specialize in easements/right a ways etc. That is why I posted my question.

Guess I am still lost as to why I could not place a fence on my property as long as it was not in the easement..

Click to expand...

I'm kind of lost. I didn;t see where anybody stated you could not put up a fence as you state.

It would seem everybody was trying to get to what the easement is for.

Yes you can put up a fence as long as you do not restrict the dominant easement holders rights/use of the easement.

I also have easements on their property for sewer, water and elect lines and the right to maintain the lines and they have placed a fence on their property between me and those easements so again it would appear that maybe they are in the wrong as the fence obstructs my access to the easements I hold

Click to expand...

.You have these easements? and not the municipal utility companies? A utility easement differs to some extent that with an ingress/egress eaement, it needs to be usable at all times, unestricted.
With a utility easement, people get away with fences and such, as long as the easements are accessible. The utility lines are generally not needed to be accessable as easy so people tend to over run their rights with nobody really taking notice. If one needed to get a back-hoe along the easement, the fence will come down to access the ROW.