Deeded 20 foot ingress and egress, servient is not allowing us to maintain it.
We have a deeded ingress and egress easement stated in our warranty property deed and on our legal survey. Husband went to courthouse and got the copy of the original deed on the easement itself. 3/4 is a shared drive with the servient who does nothing to maintain it. We need to get a mobile home delivered and portions of the easement has narrowed over the years or was never widened to the 20ft and most areas are much less less than 10 ft wide due to brush and tree overgrowth on both sides and from lack of maintenance and rain / flood wash-out have caused the sides of the easement to be over 2 foot high in most places within the 20 foot easement from the floods. Best advice needed. I do have the Waranty Deed and Survey in my possession. Cannot find an attorney in my county. Called the Title company that closed on the property and they said we might have to do litigation. Thinking about sending him a certified receipt letter with a copy of the warranty deed and survey. Best approach? From all the research I've done I should have access to the full 20 foot width. Have only owned the property for less than 2 years. Asked the seller prior to buying and was told we could do it. Couldn't afford to do it when we bought the place but can now. Concerned that attorney fees could eat up a portion of the funds that we were going to use to do the easement fix.
We have a deeded ingress and egress easement stated in our warranty property deed and on our legal survey. Husband went to courthouse and got the copy of the original deed on the easement itself. 3/4 is a shared drive with the servient who does nothing to maintain it. We need to get a mobile home delivered and portions of the easement has narrowed over the years or was never widened to the 20ft and most areas are much less less than 10 ft wide due to brush and tree overgrowth on both sides and from lack of maintenance and rain / flood wash-out have caused the sides of the easement to be over 2 foot high in most places within the 20 foot easement from the floods. Best advice needed. I do have the Waranty Deed and Survey in my possession. Cannot find an attorney in my county. Called the Title company that closed on the property and they said we might have to do litigation. Thinking about sending him a certified receipt letter with a copy of the warranty deed and survey. Best approach? From all the research I've done I should have access to the full 20 foot width. Have only owned the property for less than 2 years. Asked the seller prior to buying and was told we could do it. Couldn't afford to do it when we bought the place but can now. Concerned that attorney fees could eat up a portion of the funds that we were going to use to do the easement fix.
