Can neighbor still cross my property?

[shillenbur]

What is the name of your state (only U.S. law)? Indiana

IN 1962 the deed reads:
"Also, right of passageway as now located accross the Southeast corner of the West half of said NOrthwest quarter of Section 36, township 8 North, Range 1 West."

The property which has the right of passage is now deeded to someone else withouth the right of passage noted. Can my neighbor build a house and use my property as his drive?

 

[seniorjudge]

Q: Can my neighbor build a house and use my property as his drive?

A: Yes.

 

[efflandt]

If the property containing the described recorded(?) easement was sold/transferred did that deed not contain a clause similar to SUBJECT TO: Covenants, conditions, restrictions, easements and building setback lines of record... ?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Indiana

IN 1962 the deed reads:
"Also, right of passageway as now located accross the Southeast corner of the West half of said NOrthwest quarter of Section 36, township 8 North, Range 1 West."

The property which has the right of passage is now deeded to someone else withouth the right of passage noted. Can my neighbor build a house and use my property as his drive?

**A: such passageway runs with the land so any current or subsequent owner of the property has the exact same passge rights.

 

[154NH773]

I agree with HomeGuru.
The easement does not have to be in the most current deed, that's why you must do a title search. I have an easement that is mentioned in a 1928 deed, and is still good despite 4-5 transfers without mention of the easement. The easement is appertanent to the deed and runs with the land.
There is one question you should investigate; the easement must appear in the deed of the property across which it lies, or the grantor must have himself transfered the land by deed containing the easement . You can't create a right-of-way across someone else's property just by inserting an easement covanent in your own deed. The grant of an easement must have been originally granted by the owner (or previous owner) of the land upon which it lies.