Right of way for easement question.

[tim7857]

What is the name of your state (only U.S. law)? Tennessee.
On a easement driveway the right of way is 20 feet. It's not stayed in the easement so does the measurement for the 20 foot right of way start in the middle of the drive going from center to left 10 feet and center going right 10 feet or can he take the 20 foot all from the right side of center line?

 

[LdiJ]

What is the name of your state (only U.S. law)? Tennessee.
On a easement driveway the right of way is 20 feet. It's not stayed in the easement so does the measurement for the 20 foot right of way start in the middle of the drive going from center to left 10 feet and center going right 10 feet or can he take the 20 foot all from the right side of center line?

The exact location of an easement is usually defined in the easement granting document.

 

[tim7857]

Right of way

I understand that but my question is how is the right of way measured? I have been told that a 20 foot right of way on a road is measured 10 foot from the center line of the road to both directions totaling 20 feet. Is this correct?

 

[HRZ]

NO, read the actual easement grant ....it may or may not be 20' centered on that CL...it is whatever the grant says it is.
At least for starters.

 

[LdiJ]

I understand that but my question is how is the right of way measured? I have been told that a 20 foot right of way on a road is measured 10 foot from the center line of the road to both directions totaling 20 feet. Is this correct?

It would be if the road was constructed down the exact center of the easement. You need to read the easement language.

 

[tim7857]

Thank you.

I've read the easement. Unfortunately I'm not very good with longeatude and latitude. I do not know exactly where this is on my property. I do know the surveyor didn't survey for an easement but I'm sure he may have gotten someone else. He acquired this easement with highly questionable means and I am currently suing him for breach of a warranty deed because he granted this easement to himself on the same day my warranty deed was drawn up. No mention of it on my deed and I didn't find out about it until last September. Thank y'all so much for your help.

 

[LdiJ]

I've read the easement. Unfortunately I'm not very good with longeatude and latitude. I do not know exactly where this is on my property. I do know the surveyor didn't survey for an easement but I'm sure he may have gotten someone else. He acquired this easement with highly questionable means and I am currently suing him for breach of a warranty deed because he granted this easement to himself on the same day my warranty deed was drawn up. No mention of it on my deed and I didn't find out about it until last September. Thank y'all so much for your help.

Why is it important where it is at this point? He breached the warranty deed and that should be enough to get the easement cancelled.

 

[tim7857]

I certainly hope it does go that way. This guy has a child's mentality and basically thinks he is God. I'm the first person who has stood up to him in a long time so he is really becoming irritating. The bad part is this property and easement is on his sons name who is a good person. But he will have to pay for his father's idiocy.

 

[tim7857]

I mean it was in his sons name when I bought it

 

[LdiJ]

I certainly hope it does go that way. This guy has a child's mentality and basically thinks he is God. I'm the first person who has stood up to him in a long time so he is really becoming irritating. The bad part is this property and easement is on his sons name who is a good person. But he will have to pay for his father's idiocy.

The fact that he is irritating should not be relevant to the legal issues. In fact, if I were in your shoes I would probably be amused by the fact that the bully cannot handle the fact that someone is standing up to him.

 

[tim7857]

I do find it amusing. I could cancel his check in a snap..lol..alas Im growing old. Have a nice day my friend.

 

[HRZ]

As others wiser than I have addressed in your other post, the sequence of events may well have created a void easement ...and that is where I'd start first and if it seems probable that there is no easement I'd block his access , post it no trespassing as permstate , be sure he was oN notice as per state law ...., and seek his arrest if he sets foot or wheel on my lands ......and if he warranted the deed I'd be keen to have him pay all my costs to clean up his mess.

 

[tim7857]

Well it may amuse you to know that first I put up a cheap fence. He called the sheriff's dept and a deputy Fischer responded. After a long and lie filled,I'm sure, talk from this person and a short to the point account from me the deputy over stepped his bounds and told him to cut the fence and continue using said drive. No thought what so ever of arresting him emerged despite my requests. Then I was having some back hoe work done so I instructed my operator to pile up some dirt and trees in the middle of that road. Once again a deputy came out, a different one. He instructed him to drive around the pile and continue using it. I've lost all faith in our Sherrifs dept. There is a court appearance in my future just don't have a set date yet. It's a bad thing when the weakly county sheriffs dept. Coddled the law breaker that the one being wronged. I just hope the judge is a fair man. Now maybe you understand the aggravation I now feel. Thank you for your help.

 

[LdiJ]

Well it may amuse you to know that first I put up a cheap fence. He called the sheriff's dept and a deputy Fischer responded. After a long and lie filled,I'm sure, talk from this person and a short to the point account from me the deputy over stepped his bounds and told him to cut the fence and continue using said drive. No thought what so ever of arresting him emerged despite my requests. Then I was having some back hoe work done so I instructed my operator to pile up some dirt and trees in the middle of that road. Once again a deputy came out, a different one. He instructed him to drive around the pile and continue using it. I've lost all faith in our Sherrifs dept. There is a court appearance in my future just don't have a set date yet. It's a bad thing when the weakly county sheriffs dept. Coddled the law breaker that the one being wronged. I just hope the judge is a fair man. Now maybe you understand the aggravation I now feel. Thank you for your help.

Well, that sounds like he might need the easement to access an existing home? Is that correct? If that is true then that could explain why the sheriff is unwilling to stop him.

 

[HRZ]

WEll you need a lawyer and copies of all deeds including the ones for next door and any supposed easements to comment. Your post suggests that no valid easement was created but details matter.

IN general law frowns upon a seller creating his own access problem ...and if seller created a sale of his own lands and now seeks an easement of necessity ...well that's to discuss with your lawyer .

IN general law officers are not qualified or licensed to address real estate law...but to keep the peace ...and I,m not surprised if they duck any trespassing issues and call it a cvil dispute...but I'd still take the proper steps to advise and post re no trespassing .

But you really need a lawyer skilled at land use matters to advise about that supposed easement....and how to enforce the sellers warranty to deliver a deed without any encumberances ..if that's what warrants .



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