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No Signature on Easement

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carriejo

Junior Member
What is the name of your state (only U.S. law)? Maine
The land surrounding my property (3 sides) was sold and the new owners had it surveyed and have encroached on my land through a right of way/easement. If the deeded easement was never signed by the original land owners of this easement is it still there?
 


154NH773

Senior Member
Hard (for me) to understand the issue. If there is a deeded easement, how can you say it was not signed?
How about some more information.
 

drewguy

Member
I don't get it either. Wouldn't recording the easement require a document (or documents) that said something to the effect of "in consideration for payment of $x I hereby grant an easement of the following description to the owner of a certain parcel" etc.? You can't record an easement without the signature/agreement of the servient estate. Otherwise I could just start creating easements wherever I like.

If the easement wasn't recorded and ownership has changed hands, then the easement agremeent (whatever it was) probably would not bind subsequent owners because there's no notice of it.
 

FarmerJ

Senior Member
question ? were those lots sold by someone else other than you and laid out where they do not have any access to a public road of there own so they are landlocked unless they cross over someone elses property ? If so
Suggestion: hire a title firm to go over your title with a fine tooth comb to make sure that at no time a past owner of your property had written into your title any agreement that gave someone else the right to use your property for access. Get your own boundry survey done to show exactly where your lots lines and where this area they are crossing over sits if you do not have one now. Once you have a boundry survey done not only will it be clear to you where your lot lines are but you would make it easier for the atty you hire to send them a letter telling them to stop crossing your land. If these properties are set up in such a way that they have NO other way to get to a public road but over your land then you could also talk to your atty about just granting a well written easement or even drafting a proposal where they buy a strip of land on one side of your property from you to create a private driveway to serve them , of course they would have to pay all your legal cost ,wich is something you could discuss with a atty. BTW if these people do have a way to get to a public road with out crossing your land using the services of a atty to get them to stop would be the best way to handle it since it gives them formal notice that helps create a paper trail later on for the courts. Also selling a strip or having a atty draw up a new easement that covers every thing from snow removal to adding gravel , and who pays for it and any thing like the right to end the easement if any of them subdivide or create conditions that over use the easement would be well worth it. Try the links up top to speak to a atty so you have the best possible advice about your options!
 

danggoods

Junior Member
You can record an easement without the consent of the servient estate on anything. Recording doesnt make it legal as the recording office does not validate matters of law, or verify property owners consent.
If the owner of the property at issue did not sign the easement grant it is void "ab initio" and therefore void as a matter of law. It was void at inception without the property owners signiture. Only the owner can grant easements, and outline the scope of the easement grant. And if subsequent owners "acquiesed" to the recorded grant, or relied upon the recorded grant, too bad, it only applies to them, not to you. Thats the law. At least in Missouri.
If it is their only access to their property you will have an impossible case. You can not block their ingress and win. Try to work out selling an easement for ingess/egress to them, legal fees at their expense, and try to make nice with your neighbors. Easements for ingress depend on length of easement area and extent of use but for just road purposes, a couple grand seems reasonable to avoid litigation (very expensive) and maintain a civil relaitionship with these folks. Good luck to you!
 

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