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Easement to a subdivision

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What is the name of your state? Montana
I have 5 acres which includes an access easement for the adjacent 20 acres. The owner of the 20 acres wants to put in a subdivision consisting of 15 lots. The only access to the 20 acres is this easement. Since this easement is a part of my property, what legal issues do I need to be worried about? Who's responsibility is it to maintain this easement (plowing snow, widening, etc.) for all these homes. You are looking at the possibility of 15 homes now all using this one and only access easement which cuts thru my property and which I use also. Could there be a possibility of one of the new homeowners bringing up a lawsuit towards me if something should happen on that easement? HELP!


Senior Member
You can check with the county codes department. I doubt that they will approve a subdivision with just an easement. The road will probably have to be improved and deeded to the county. In addition I would think it will be hard to get loans without public access. It depends on what your county requires so start there first.

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