Easement

[Happy123]

What is the name of your state?Arkansas.
What restrictions does an easement place on me and what rights do the people the easement is granted to have? Can I run a fence along the easement on my property? can I put a gate up? Can they park in and/or block the easement on their properties?

Deed states "subject to easement along east property line" Then the

Survey plot shows 10 foot eaement running along the east property line. The survey plot shows the 10 foot easement starting at the setback line (from county road running down the side of my property) on my property and then running the entire length across my property and the two properties next to mine.

Neither the deed or survey in the legal description for the properties say anythin about the 10 foot easement. There is noithing about ingress/egress, maintance, use etc. Just the word "easement".

The two properties next to me uses the easement for a drive (closer to main highway). They are not landlocked and have acess to their respective properties from another street.

This 10 foot easement also runs along the east property line of their properties (10 foot runs along the entire east property lines of my property, and their properties). So I assume I have access to the easement on there properties and could drive across/use it is I so desired. Thanks

 

[HomeGuru]

What is the name of your state?Arkansas.
What restrictions does an easement place on me and what rights do the people the easement is granted to have? Can I run a fence along the easement on my property? can I put a gate up? Can they park in and/or block the easement on their properties?

Deed states "subject to easement along east property line" Then the

Survey plot shows 10 foot eaement running along the east property line. The survey plot shows the 10 foot easement starting at the setback line (from county road running down the side of my property) on my property and then running the entire length across my property and the two properties next to mine.

Neither the deed or survey in the legal description for the properties say anythin about the 10 foot easement. There is noithing about ingress/egress, maintance, use etc. Just the word "easement".

The two properties next to me uses the easement for a drive (closer to main highway). They are not landlocked and have acess to their respective properties from another street.

This 10 foot easement also runs along the east property line of their properties (10 foot runs along the entire east property lines of my property, and their properties). So I assume I have access to the easement on there properties and could drive across/use it is I so desired. Thanks

**A: confusing.

 

[Happy123]

Sorry.

My question is what rights do I have and what rights do the other two property owners effected by the 10 foot easement have?

The only wording is as pointed out "easement along right property line" and then the easement is shown on the survey plat.
When I look at various posts regarding easements . The rights of the various effected parties seems to depend on the wording regarding the easement.

As pointed out here all that is stated in my case is just the word easement.

thanks

 

[HomeGuru]

Sorry.

My question is what rights do I have and what rights do the other two property owners effected by the 10 foot easement have?

The only wording is as pointed out "easement along right property line" and then the easement is shown on the survey plat.
When I look at various posts regarding easements . The rights of the various effected parties seems to depend on the wording regarding the easement.

As pointed out here all that is stated in my case is just the word easement.

thanks

**A: not enough specific facts to help you.

 

[Happy123]

Sorry..

If asking what an easement means as to what one can do and not do on the easement is confusing.

Setting out that the only wording in the deed is "easement" (not ingress/egress etc. as I notice from other posts they are always asked for exact wording) is not exact enough.

Then I guess It is a good thing I didn't get into the legal profession ( at one time gave it some consideration, but took a different path with my education), because if I couldn't and/or didn't want to help others then all my training would have been wasted.

I do thank you anyway.. Have a good one

 

[justalayman]

Sorry..

If asking what an easement means as to what one can do and not do on the easement is confusing.

Setting out that the only wording in the deed is "easement" (not ingress/egress etc. as I notice from other posts they are always asked for exact wording) is not exact enough.

Then I guess It is a good thing I didn't get into the legal profession ( at one time gave it some consideration, but took a different path with my education), because if I couldn't and/or didn't want to help others then all my training would have been wasted.

I do thank you anyway.. Have a good one

No reason to be sorry here. The folks with the knowledge here do their best to help folks. The problem with your situation is that there are different types of easements, each of which give different right of use and rules regarding the easeament. With just a basic "Rights of use of easement" is too vague for anybody to give you much af anything besides a very generalized answer at best.
Something that may help you is to find out when and who granted the original easemment. Research your deeds as well as the deeds to the other concerned properties to see why the easement may have been created, especially since the other land owners have other access to their property.
Sometimes questions here a merely for info or to avoid problems. Most are because of a problem.
Are you having a problem now?

 

[HomeGuru]

No reason to be sorry here. The folks with the knowledge here do their best to help folks. The problem with your situation is that there are different types of easements, each of which give different right of use and rules regarding the easeament. With just a basic "Rights of use of easement" is too vague for anybody to give you much af anything besides a very generalized answer at best.
Something that may help you is to find out when and who granted the original easemment. Research your deeds as well as the deeds to the other concerned properties to see why the easement may have been created, especially since the other land owners have other access to their property.
Sometimes questions here a merely for info or to avoid problems. Most are because of a problem.
Are you having a problem now?

**A: It appears that an attorney needs to review the title report, survey and easement agreement.

 

[justalayman]

The OP did not state any problems arising from the situation so it may be merely a desire to know. In this case, although an attorney can take care of everything you noted, the OP can researh the deeds registered and should be able to come up with alot of the info on their own.

However if there is a problem or the OP isn't comfortable doing this, an attorney is rarely a bad idea.

? to HG: if it is stated merely as "an easement" with no description of intent, how would a court interpret the definition?