Easement battle

[rich7861]

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

I purchased property from an individual 6 years ago to build a house on. This individual granted me on my deed a non exclusive easement with ingress and egress over and across the easement. The easement is actually the road that goes to my lot. The road ( or easement ) goes in an East to West direction with my lot where I have my house built to the South. My neighbors and I just recently purchased the property ( not owned by this man but it butts up to his easement) directly North of the easement. I started to put up a garage on my new property and the man says that I cannot use the road to get to my new garage on the North side of the easement. If I was granted easement rights over and across the easement does it matter whether I turn into a driveway on the left ( my existing house ) or to the right ( my new garage on new property purchased ) from the easement (road). Also this individual uses this road and easement to try and dominate and control myself and my neighbors. He makes us pay for improvements to the road (easement) but controls who we call to fix it and what type of material we put down. He does not help pay for anything. Also I have just found out that he does not pay prooperty tax on this easement. Can we take it from him?

 

[BelizeBreeze]

REad your easement clause in your deed and post it back here.

 

[rich7861]

it states that it grants a non-exclusive easement with ingress and egress over and across the 40 ft. easement.

 

[BelizeBreeze]

O.K. let's try this again.

Post here word for word the entry on your deed specifying the easement, not your interpretation of what the deed says.

 

[rich7861]

I'll have to post later. My deed is at home and I am here at my office. I am 90% sure that is exactly how it reads but of course there is a bit more verbiage.

 

[BelizeBreeze]

and it's that 'little more verbiage' that will decide who wins the upcoming lawsuit.

However, from the following:

He makes us pay for improvements to the road (easement) but controls who we call to fix it and what type of material we put down.

My question to you is, "Why the hell are you letting him do this to you?"
and,
"Why are you paying one penny to keep the easement in good repiar?"

There are certain rights and priviledges that are transferred with an easement, including the right to use. HOWEVER, one right that does not transfer is the right of ownership with it's inherent responsibilities.

Therefore, it IS important what exactly your deed says as to the easement.

 

[rich7861]

It gives the legal description and what document # it is along with the Book #, Chapter and page and what the Name of the County is followed by..."a non-exclusive easement for ingress and egress over and across the 40 ft. drive easement adjoining said lot as shown by said survey.

 

[rich7861]

As far as your other questions......

We are sick of him trying to control us and we are ready to fight back but we need to know what our rights are.

As far as why are we paying to upkeep the easement? That's simple, it's the road that goes to my 400,000.00 home. I don't want to drive through mud to get to my house.

 

[FarmerJ]

Do your self a favor if you havent allready , talk to your county tax assesors office about having the 2 parcels combined into ONE so then the recorded easement covers the new parcel then there is no more arguement at all . Tax wise your taxes may be less with your land as one parcel instead of 2 . Any other problems over the easement then perhaps you should check out the links up top and speak with a local real estate attorney .

 

[rich7861]

DAMN!!!! That's a great idea!!! I couldn't see the forest through the trees. I will visit my assessors office today. We'll get that "Old Fart"!! Thanks a million.

 

[HomeGuru]

Not so fast with the consolidation. If there is a mortgage on one or each of the properties, you are going to mess the title up and get the lenders really really upset. Further, once you combine both properties into one parcel, you would have to subdivide in order to sell one of them. And subdivision of one lot into 2 is costly.

 

[rich7861]

What's my answer then?

 

[nextwife]

AS to the other "downside" of the combined parcel theory:

An easement runs to the LEGAL desrciption of the parcel it benefits NOT the street address or tax parcel number, so combining does NOT benefit the parcel outside of the easement granted legal.

The current lenders must sign off on any such changes that affect their collateral.

 

[rich7861]

Sambo83 I like your style!!!!!!! I have already done the first in your recommendation but the eggs and pissing are yet to come!!!!