Appurtenant Easement Transfer

[justalayman]

Thank you for the comments, it appears the general consensus is to spend some time and money with a real estate lawyer to figure out what I would need to do if I ever lost access.

Sorry if I offended anybody or came off as stupid, I don't know anything about this stuff.

Unless you are willing to wait the possible years (and by years I mean several at least) you are not allowed on the property should the permissive access be revoked, I would suggest researching the matter now and developing a possible plan of action. Who knows, maybe you will find you have a deeded access to the land. If not, through time you may be able to use your gained knowledge to work your way into an agreement with a neighbor that can be made a permanent access.


Working to discover the truth now could save a lot of time and trouble in the future.

 

[154NH773]

I researched the history of Land Deeds and discovered the original Deed from 1922 (when the 20ac parcel was divided from a larger parcel) that there is a written easement to access the property from the adjacent land to the east and west. The easement is to not exceed 24ft width and is to be used for road purposes only as stated in the original deed.

I think many who have replied missed this in your original post.

Although I agree there is still much to research, and no definitive answer to your question, I think you "may" have a possibility of a road access to your property.

A lawyer familiar with land use law can probably determine whether the grant of an easement is valid, and whether it was ever revoked. Easements such as described generally run with the land and do not expire without some agreement.

You did not say if the easement states the exact location of the right of way, so that could present a problem. After speaking with a lawyer, you might want to approach the owner of the property and discuss your claim and the location of the easement. If you can get an agreement on the location, then a surveyor can prepare a plat, and a lawyer can prepare documents to file to permanently identify the easement and its location.

If you have a problem with the land owner, you can go to court to quiet title, and the court will decide if you have a legitimate claim and where the easement is located. This may cost you some money, and the outcome is never certain when dealing with a judge and court. It might cost you as little as $5000 or more than $30000, but your lawyer can probably give you a close estimate.

Don't give up. I purchased a similar piece of property figuring at the worst I could get to it by canoe, but I've been living on it now for 13 years and accessing it by a similarly discovered easement upon which I built a road. My neighbors are still giving me a problem with that, but legally they have no leg to stand on.

 

[John Se]

the easement runs with the land and is never extinguished unless it becomes unnecessary. Have you contacted the neighbors, is there an issue with using it for access?

 

[RKONS]

I have not discussed with the neighbors yet. I currently have a good relationship with the neighbors and access to the property.

I am doing a search on old plat maps to see who owned what at certain times and plan to bring up the easement situation once I have more information and facts that we can discuss.

Thank you for the suggestions.

 

[154NH773]

"he easement runs with the land and is never extinguished unless it becomes unnecessary."

I disagree with this statement. Necessity will not extinguish an easement unless there is language in the easement grant stating so.

 

[John Se]

"he easement runs with the land and is never extinguished unless it becomes unnecessary."

I disagree with this statement. Necessity will not extinguish an easement unless there is language in the easement grant stating so.

I guess I should have said "The easement runs with the land and is never extinguished BUT CAN BE IF IT becomes unnecessary." WITH THE APROPRIATE LEGAL ACTION.