driveway easement

[new owner]

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

When an easement is written, is there always a footage? I am the burdened property with a driveway easement. I faxed the paperwork to a survey company and they said it looks like "gravel driveway" is all that is written. I am asking because the neighbors have had gravel dumped many feet over from where the original driveway was.

 

[seniorjudge]

Q: When an easement is written, is there always a footage?

A: Not always. A measurement would require a survey. If people do not want to get a survey, the instrument creating the easement may say (for example) "over the existing roadway" or "in a straight line to the edge of the property." That, of course, is really not a good way to do it.


Q: I am the burdened property with a driveway easement. I faxed the paperwork to a survey company and they said it looks like "gravel driveway" is all that is written. I am asking because the neighbors have had gravel dumped many feet over from where the original driveway was.

A: What paperwork? Are you saying that the easement is described on the deed as "the gravel driveway"? If so, then the easement will be as wide as it has historically been used. Are you saying that the neighbor is trying to widen the easement? If so, then if you don't want him to do so, now is the time to act.

Before you do anything, though, get a survey. That will probably show you where the easement should be. Let's hope.

 

[HomeGuru]

Yup, that's it. A current survey.

 

[seniorjudge]

Yup, that's it. A current survey.

And let us pray that the current is neither swift nor deep.