35 year easement closed Help!

[avcliff]

What is the name of your state?What is the name of your state? Nevada

I have a road/utility easement that has been open to the public for 35 years now. The new owner of the property this easement crosses, has put up locked steel gates at each end of this easement. The utilities (power and phone) run down this road that our family have been using since 1991. In 1991 this was the only access to the property we have owned for the last 14 years. County access does exist now, but only since 1999.

I have documented proof on a Grant, Bargain, Sale, Deed that a utility/road access easement was granted in 1971. I also have a certified copy of the Trust Deed of the original owner who granted the easement in 1971. My question is, do I need to get an atty to get this easement opened or can I just go down and get the local sheriff's office to open it?

Thanks in advance,
Cliff

 

[danno6925]

Got a set of bolt-cutters?

It sounds like you have a well-documented easement. What you will want to determine is whether or not the easement transfers with the ownwership of the property it crosses.

Hit the local courthouse records room and find out. The deed that the new owner recorded is a matter of public record. The deed the new buyer filed with the courthouse will list any and all easements and restrictions. If yours is there - it's bolt-cutter time!

Hope this helps!



________________________________________________________________
The above text does not constitute Legal Advice, but is simply one man's opinion.

 

[Happy Trails]

What is the name of your state?What is the name of your state? Nevada

I have a road/utility easement that has been open to the public for 35 years now. The new owner of the property this easement crosses, has put up locked steel gates at each end of this easement. The utilities (power and phone) run down this road that our family have been using since 1991. In 1991 this was the only access to the property we have owned for the last 14 years. County access does exist now, but only since 1999.

I have documented proof on a Grant, Bargain, Sale, Deed that a utility/road access easement was granted in 1971. I also have a certified copy of the Trust Deed of the original owner who granted the easement in 1971. My question is, do I need to get an atty to get this easement opened or can I just go down and get the local sheriff's office to open it?

Thanks in advance,
Cliff

The sheriff isn't going to do anything, it is a civil matter. Before you go cutting bolts you had better check exactly why that easement was granted. If it is just for utilities and the right for the utility companies to maintain them, that does not mean public access has been granted.

Have a "Real Estate Attorney" review your documents.

 

[avcliff]

The sheriff isn't going to do anything, it is a civil matter. Before you go cutting bolts you had better check exactly why that easement was granted. If it is just for utilities and the right for the utility companies to maintain them, that does not mean public access has been granted.

Have a "Real Estate Attorney" review your documents.

Happy Trails,
Thank you for your advice. Although the bolt cutter idea has crossed our minds many times. We do want to do this the legal way.

The wording for this easement on the document states: "together with an easement for road and utility purposes over and upon" then it gives the information describing where this easement is. This easement was granted to the original buyer of the 40 acres and all his heirs forever. His wife and son still have property down in this area. Now I'm wondering if it got forwarded when they sub divided this 40 acres though? If it didn't carry over to that current deed would it have been lost forever?

 

[Happy Trails]

Happy Trails,
Thank you for your advice. Although the bolt cutter idea has crossed our minds many times. We do want to do this the legal way.

The wording for this easement on the document states: "together with an easement for road and utility purposes over and upon" then it gives the information describing where this easement is. This easement was granted to the original buyer of the 40 acres and all his heirs forever. His wife and son still have property down in this area. Now I'm wondering if it got forwarded when they sub divided this 40 acres though? If it didn't carry over to that current deed would it have been lost forever?

That's why you really need a "Real Estate Attorney" to review your documents.

If you are correct, you will need the attorney to help you deal with the new owners.

Good luck.

 

[ms.magoo]

35 year easement closed Help !

My two cents is that you're going to have to take these people to court an get the Judge to Order them to remove all obstuctions, ie : locks on those gates an to sieze an desist on any more of their actions of blocking your legal access. If they claim that they need those locks for some kind of security reasons, then the Judge might tell them to give you keys to open the gates up. Just my thoughts.

 

[Shel77]

Or now that you have access through public roads a Judge might also have reason to believe you no longer need use of this mans property to access yours.

 

[avcliff]

Ms Magoo,

I agree with you on your comments, and thank you for them.


Shel77,

I understand what you are saying, but in 1991 when my parents purchased this property, it would have been land-locked if there was a possibiilty this road could have been closed. The real estate agent that showed my parents this property told them that this road was the access to their new property.

The county road that now exists has only been maintained by the county since 1999. But I understand what you are saying, that seems to be the opinion of the county planning dept. I would be inclined to accept this, if the county access road didn't flood out when it rains. Whereas the road they just closed, does not flood out.

Thank you all for your responses. It doesn't look like it's an easy thing to get a road reopened.

 

[ms.magoo]

35 year easement closed Help !

Your very welcome Avcliff. I would also like to add, that your easement runs with the land, an the deeds you bought, so no one, not your neighbour should be allowed to take it away. The only person, is you, the dominant tenament, that is allowed to abandon that easement, not them, at all. Keep that in mind when you go to see a good real estate attorney.