Neighbor wants to subdivide his farmland to create a landlocked parcel behind my property

[dcrambo]

I own 9 acres at the end of a dead end road in Ohio surrounded by nothing but farm land. The owner of the land that surrounds mine has roughly 100 acres that is all part of one tract of land. He has access to that land from the road that leads to my property, but there is also an access easement that was established over 30 years ago on my property that runs along my property line with him to his property behind mine. He is trying to subdivide a 10 acre parcel directly behind my property that will be landlocked, to give to his grandson to build a house on. They claim that the easement requires me to split the cost and maintenance of a driveway through my property to access this new parcel that they are trying to create. Does having an easement for farm machinery now require me to not only allow a driveway to be built and shared, but also be responsible for half of the cost and maintenance of this driveway, or "private road" as they called it. Is it even legal to create a landlocked parcel for the purpose of building a home with no road or utility access? I assume that they will have to run the water and electric through my property as well. Anybody have any knowledge or experience with easements or subdividing farmland like this?

 

[LdiJ]

I own 9 acres at the end of a dead end road in Ohio surrounded by nothing but farm land. The owner of the land that surrounds mine has roughly 100 acres that is all part of one tract of land. He has access to that land from the road that leads to my property, but there is also an access easement that was established over 30 years ago on my property that runs along my property line with him to his property behind mine. He is trying to subdivide a 10 acre parcel directly behind my property that will be landlocked, to give to his grandson to build a house on. They claim that the easement requires me to split the cost and maintenance of a driveway through my property to access this new parcel that they are trying to create. Does having an easement for farm machinery now require me to not only allow a driveway to be built and shared, but also be responsible for half of the cost and maintenance of this driveway, or "private road" as they called it. Is it even legal to create a landlocked parcel for the purpose of building a home with no road or utility access? I assume that they will have to run the water and electric through my property as well. Anybody have any knowledge or experience with easements or subdividing farmland like this?

You would have to look to the actual language of the easement to see whether or not it would permit a driveway for a newly created, landlocked parcel. Odds are that it would allow that. However, I can just about guarantee that any kind of easement would NOT require you to contribute to the cost or maintenance of said driveway.

I do suggest that you get a consult with a local real estate attorney who can review the language of the easement and advise you.

 

[dcrambo]

You would have to look to the actual language of the easement to see whether or not it would permit a driveway for a newly created, landlocked parcel. Odds are that it would allow that. However, I can just about guarantee that any kind of easement would NOT require you to contribute to the cost or maintenance of said driveway.

I do suggest that you get a consult with a local real estate attorney who can review the language of the easement and advise you.

Thanks for the reply. I have to go to the county recorder to search for the original deed of easement. All my property deed states is that there is an access easement and gives the location data. They contacted me today to try to get me to sign an agreement about the driveway. They also said that they couldn't get the parcel zoned until we reached an agreement about it, so it looks like its going to be a battle of attorneys.

 

[LdiJ]

Thanks for the reply. I have to go to the county recorder to search for the original deed of easement. All my property deed states is that there is an access easement and gives the location data. They contacted me today to try to get me to sign an agreement about the driveway. They also said that they couldn't get the parcel zoned until we reached an agreement about it, so it looks like its going to be a battle of attorneys.

Interesting. If they were in a totally solid position about the easement then they would not need your agreement at all. So, either they are not in a solid position or they cannot afford to construct the driveway without your money. Tell them that you are not going to be signing anything.

 

[xylene]

Remember: their lawyer is not your lawyer. You need an attorney badly. These people are not your friends and do not have your best interests at heart. In fact they are quite obviously trying to take advantage of you. I think they are also delusional in their approach. No one would be inclined to agree to their terms of paying half for an extensive Ingress egress Road all of their exclusive use.

 

[dcrambo]

Interesting. If they were in a totally solid position about the easement then they would not need your agreement at all. So, either they are not in a solid position or they cannot afford to construct the driveway without your money. Tell them that you are not going to be signing anything.

They tried to be

Remember: their lawyer is not your lawyer. You need an attorney badly. These people are not your friends and do not have your best interests at heart. In fact they are quite obviously trying to take advantage of you. I think they are also delusional in their approach. No one would be inclined to agree to their terms of paying half for an extensive Ingress egress Road all of their exclusive use.

Yes of course, we have an attorney but havent informed him of the situation yet. I am jist trying to educate myself as much as I can on easements and subdivisions that way I have somewhat of an idea of what to argue.

 

[FarmerJ]

AS to city water / public water connections that could happen with that land behind you , call your water utility and ask them if they require a property that wants to connect to water and sewer to have its own access to a public road so the services follow the side of the road until they get to the public road, Also ask if they can have a well and septic system instead. ( you do not have to allow them to run utility connections like water/ sewer on land you own) When you talk to your attorney you also want to talk about them wanting to change how the easement is going to be used as residential concerns you since that's a lot different than farm equipment use a few times a year. (perhaps the one who wants to subdivide should sell his son enough land like a strip that would let them own their own access all the way to the public road ( going around your property )