Easements kept when land sold

[EllenBaja]

What is the name of your state?What is the name of your state? Maine.

I have a couple issues. I purchased oceanfront property in Maine. It has several easements mentioned on the deed. Many of those easements refer to the original person who was granted the easement keeping the easement for themselves and their heirs as well as conveying it to whoever buys their property. In essence, these easements keep piling up with additional people each time the property is conveyed because everyone reserves it for themselves, the prior owners, and whoever they are now selling it. Is this legal?

Secondly, I have an easement across my property that allows another landlocked parcel a right of way "to pass over and upon a portion of the Land, said portion described as six (6) feet in width as follows." A legal description of the 6 foot strip follows. The easement runs along one boundary of my property and is not on an existing road. No reference is made to maintenace or improvements. This neighbor is putting wooden pallets on my land so that he can walk without getting muddy. They are an eyesore and I want them removed. What are my rights and what are his rights?

Thanks.

 

[BelizeBreeze]

I have a couple issues. I purchased oceanfront property in Maine. It has several easements mentioned on the deed. Many of those easements refer to the original person who was granted the easement keeping the easement for themselves and their heirs as well as conveying it to whoever buys their property. In essence, these easements keep piling up with additional people each time the property is conveyed because everyone reserves it for themselves, the prior owners, and whoever they are now selling it. Is this legal?

Yes, and quite common.

This neighbor is putting wooden pallets on my land so that he can walk without getting muddy. They are an eyesore and I want them removed. What are my rights and what are his rights?

Tell him to remove them, send him a certified letter (RRR) demanding they be removed within three days of receipt of the letter or you will have them removed and file in small claims court to recover the cost of removal, remove them yourself or burn them in place during your next bar-b-que.

Simply put, he has no right to place anything on the easement. Only to use for ingress/egress.

 

[HomeGuru]

Read the recorded easement agreement.

 

[tammycon]

driveway easement dispute

Hello,
I am in Illinois and have a question about a driveway easement dispute. We purchased our home in 2000. It was originally a 2.5 acre tract of land. The owner split it into 2 separate lots, her's being 1 and 3/4 which is taken up by her home and a water retention pond that she put in. Our's being 1 3/4 acre which consists of a home and open land surrounding it. Because of the way the property needed to be split for zoning purposes the neighbor needed easment at one end of our property for a driveway. During closing our lawyer did not like the way the agreement was drawn up and requested it be redone. Her lawyer agreed that we needed to finish the closing and could complete the easement agreement at a later date. the driveway was already put in and we really have no problem with that and do not want to have any dispute with her over it being there. The problem comes in after closing. It turns out she is elderly and not fully in charge of her mental capacities. She sent us a certified letter a week after moving into our new home informing us we needed to remove our gutters or she was coming over to do it for us because the gutters were allowing water to run down the hill into "our" grove of pine trees and that is why one of the pine trees died. When we refused to live in a brand new home with no gutters she took it upon herself to hire a tree cutting company to come out and remove the grove of pine trees. I was luckily at home and caught them right before they started chopping ! We then had a problem with cutting our lawn along the edge of the driveway she called the police on us stating we were destroying the day lillies she planted there and that 10 ft on each side of the driveway along with the land she used for the actual driveway belongs to her (mind you this piece of property runs right through our yard) so we are not to be mowing it. After showing the officer our paperwork and land platt and visiting the county board just to make sure we are correct we now know she does not own any of our property she just has the right of egress.. My question is after this long drawn out story is can we legally get into any trouble because now 4 years later our real estate lawyer who handled the closing is sending us a copy of the drawn up easement agreement because she is screaming at her lawyer because it is not complete. Do we legally have to sign this document ? We really do not want to give this woman an inch and are more that happy to let her leave her driveway but do not want to sign any legal documents because she tends to believe that it gives he ownership of the land the driveway runs on and 10 feet to each side of it. We would appreciate any advice you could give us.

 

[nextwife]

Was the municipal plat approval at division subject to this easement being included? Is it shown or referenced on the plat map that was recorded?

 

[tammycon]

the original platt from july of 2001 only shows the asphalt drive with no easement. Her lawyer had a new platt done in 10/01 showing a "proposed easement. I have both documents in front of me.

 

[tammycon]

That was the reason for the easement agreement not being signed. The Original platt did not show the proposed agreement so we could not see exactly what the easement was and the attorney told us no way were we signing anything without a correct copy of the platt.

 

[I AM ALWAYS LIABLE]

My response:

Why is Tammycon hijacking this thread from the original writer, EllenBaja?

Why isn't Tammycon starting her own thread?

Why is Nextwife obliging Tammycon with a response, except to point out to Tammycon that she is hijacking someone else's thread?

I don't understand this behavior. Would Tammycon open someone's front door to their home, and just move in? Would Nextwife, upon seeing such a trespass merely sit idly by and watch the trespass, or in fact, help Tammycon trespass into someone else's home?

IAAL

 

[nextwife]

Sorry, since the web update, I have clicked on the "responses" and gone right into the last post, then scrolled up to the first. Guess I didn't realize that when I got up to Tammycon's post (because it looked like a first post), it was not the first in the thread..

My error. I stand humbly corrected and beg on my knees for foregiveness (I thought you'd like that image).

 

[tammycon]

Hanging my head in shame...changing my name to "threadjacker"...pleading computer illiteracy....hmmmm should that be 1 L or 2...okay pleading illiteracy period. Going to figure out how to start my own thread so elenbaja can come hijack in revenge...

 

[HomeGuru]

No revenges allowed here.