Utility Easement - Trail or Access to Trail

[lakshminc]

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

Buying a home site. There are walking/biking trails coming behind my home. I'm fine with that.

There is a water main buried on the property line between mine and my neighbor. We bother have 10 foot utility easement(total 20 foot).

Can City build a Trail or access to the Trail behind my lot?

How to find what is there in the easement verbiage that builder has given to City?

Thanks in advance

 

[FlyingRon]

A title search will find out what easements encumber your property. I'm not sure what you are asking about the city building access to the trail. They're free to build them any where they have a right of way or easement or other rights to the property to do so. Further, they can almost certainly take such via eminent domain if they decide it is in their best interest.

 

[lakshminc]

A title search will find out what easements encumber your property. I'm not sure what you are asking about the city building access to the trail. They're free to build them any where they have a right of way or easement or other rights to the property to do so. Further, they can almost certainly take such via eminent domain if they decide it is in their best interest.

Thank you so much for quick reply.

We have not reached the title stage yet. Builder starts construction soon. Can I ask the builder what he has mentioned in the easement document?

Can they build Trail or a path to a trail that will be built behind my backyard?

If yes who will maintain the trail or path to a trail?

Thanks again.

 

[FlyingRon]

Thank you so much for quick reply.

We have not reached the title stage yet. Builder starts construction soon. Can I ask the builder what he has mentioned in the easement document?

Can they build Trail or a path to the trail somewhere behind my backyard?

If yes who will maintain the trail or path to a trail?

Thanks again.

Just repeating the question does nothing to explain it.
The builder may or may not know what is in the easement documents. Again, a title search will tell you what is currently there and you can get that information warranted through insurance.
As I stated, of course they can make a trail or path to the existing trail. How on earth would anybody get to it? Do you think it's there for your personal use? If you're talking about through your property to the trail, I told you already. If there's an easement or ROW they can. If they want to at some time in the future they can possibly condemn such an easement via eminent domain.

 

[lakshminc]

Just repeating the question does nothing to explain it.
The builder may or may not know what is in the easement documents. Again, a title search will tell you what is currently there and you can get that information warranted through insurance.
As I stated, of course they can make a trail or path to the existing trail. How on earth would anybody get to it? Do you think it's there for your personal use? If you're talking about through your property to the trail, I told you already. If there's an easement or ROW they can. If they want to at some time in the future they can possibly condemn such an easement via eminent domain.

Thanks again. This is valuable info.

I forgot to mention one thing in hurry. Actually there will be a neighborhood park through which the main Trail will built and same will run through my back yard. This park is just 3 houses away and Trail goes through this.

Can City still build a path from my lot to the main Trail? This path may not make huge difference to public but impacts me a lot.

Thanks.

 

[FlyingRon]

Thanks again. This is valuable info.

I forgot to mention one thing in hurry. Actually there will be a neighborhood park through which the main Trail will built and same will run through my back yard. This park is just 3 houses away and Trail goes through this.

Can City still build a path from my lot to the main Trail? This path may not make huge difference to public but impacts me a lot.

Thanks.

You're still not making any sense. If the property where such a path would be built is on property they have the right to use (an easement, a right of way, property they OWN, etc...) then they can put the path in. At some point in the future, they can buy (and force you to sell to them) the property/rights to do so. In some cases, they can make you voluntarily provide that right as a condition of building or modifying the property.

 

[lakshminc]

You're still not making any sense. If the property where such a path would be built is on property they have the right to use (an easement, a right of way, property they OWN, etc...) then they can put the path in. At some point in the future, they can buy (and force you to sell to them) the property/rights to do so. In some cases, they can make you voluntarily provide that right as a condition of building or modifying the property.

Thanks. Thats because I don't have real estate knowledge. Sorry about that.

Are Utility Easement and Trail easement different types?

If Yes, should I check for a specific verbiage in the title?

Can I give easement only for utility and refuse to give for path to existing trail as there is another path in few seconds away?

Appreciate your patience!

 

[FarmerJ]

Is this a groomed trail ( some one having made formal gravel walk way) or is it just a path cut thru the lot by years of others walking thru it and it is not groomed? example of a groomed path would be say like the trail created along what was highway 23 ( the former rail bed that is now trails from the Milaca area going to the north east passing thru Bock, Ogilvie, Mora, Quamba) Besides what ever is recorded into your title does your city/ township / county have any information as to plans on the books to create a trail there ? is there any so called local web pages that have spoke of trails ( did you see the article about the so called Ponds in the Minneapolis Star Tribune (I mention this only because you should not rely that heavily on what the builder says and have more trust in what is written and on paper ( recorded easements, city/twp / county plans ).