Easements

[bovadan]

What is the name of your state (only U.S. law)? Indiana

I have a very complicated issue to discuss. My driveway was at one time a road that had a bridge crossing a creek. The bridge was removed 8-10 years ago and the old road became the property of the previous owner (I had a survey of the property done to show the boundaries). The previous owner of the neighboring property built a garage and driveway that joins my driveway (which again was once a road). According to the survey, I also own the 1st 12 feet of their driveway. The neighboring property deed does not mention an easement, my deed mentions a very vague easement from 1989 that states:

...is subject to a 12 foot roadway easement being centered on the existing asphalt roadway pavement.

What does this mean? It doesn’t specify the dominant or servient estates. This is all being asked due to the neighboring property owners live-in boyfriend’s continued harassment of me. He has been told to stay off of my property (including my driveway). Is there a legitimate easement? If so, does it give him access?

I’m sorry for the complexity of this. I’m just looking for answers... I am filing a restraining order against him but I’m being told “don’t expect the judge to issue it”.

 

[HRZ]

As a layman that's the wrong analysis of the problem .... please first answer:

1.Just how long has the neighbors new roadway been across your lands to your drive .

2. WAs the new roadway constructed w permission of the then owner or wo permission of the then owner

3. IS neighbor the ONLY user of this new section
3.a Are you excluded from use of this new section on your property .

 

[xylene]

1. 1989 is not so long ago.

2. You need a lawyer badly.

3. What exactly is the harassing behavior, because easement or not that is it's own issue, unless the harassment itself is using the easement...

 

[HRZ]

So far it's rather unclear what the problem is besides a neighbors boyfriend and some undescribed harassment .

OP..in addition to answering my prior questions about roads and time frames...explain what you mean about harassment ..

THanks

I think your problem may be far different than you think it is...but first a few defoggers. thanks .

 

[justalayman]

I presume the roadway easement was a public row. If true, was the roadway ever formally vacated or extinguished? If not, the easement still exists and is available to be utilzed by whomever chooses to use it as long as that use is consistent with the original use permitted.



As to what the 12 foot easement statement addresses. It means there is a 12 foot easement on your property starting at the centerline of the paved roadway. You are obviously the servient tenant. To discover who the dominant tenant(s) is/are you would have to research the original creation of the easement.

A survey would still show you to be the owner of the land under the easement as it is still your property. That doesn’t affect the easement.

Not all deeds mention the presence of an easement on land nor do they always mention the rights to utilize an existing easement. They almost always include phrases such as: subject to all liens, encumbrances, and rows of public record (or something similar). The only way to know if there is an easement on your land or you have the right to use an easement on another’s land would be to perform a complete search of the title history.

And it sounds like that’s where you need to go now. An attorney versed in real estate matters can do this (although I wouldn’t be surprised it was subcontranted to a title company) or a surveyor would also be qualified to research the matter as it is part of their job to establish the placement of easements and such upon the lands.

 

[FarmerJ]

So are you saying that this former road was a township or city or publicly owned road ? if it was then I suggest you search for the documentation that should show a paper trail as to when its ownership was transferred from your local govt to the person you bought from. If it was me that's what id like to know, see if the land had not been formally abandoned and added to the parcel you bought then it still would be a public owned street that the public can use . Other wise it sounds like it would be worth it to consider using the links on this site to find a real estate atty who can review for you your homes title to learn what your options may be which might be just having to live with them using that footage to get to your driveway. ( if there is nothing to do then know that this neighbor cannot make any changes to the part of your land they would use to get in and out , and they cannot over use it to a point they cause damage . ( I am wondering though is there a specific reason the neighbors home was not able to create its own driveway and curb cut to the public road ?

 

[HRZ]

It would be nice if the OP filled in some missing information.....

It's entirely possible , ONE fact pattern may be :

Local,government vacated a roadway and ownership,of roadway reverted to owners over which the road passed

THere seems to be some 12 ' wide easement over that old roadway...that roadway , not an alternate one ...if the bridge washed out..the dominate party probaby can repair it ..assuming it is legal and up to Code etc. ....

SO far we have zero information about how the new drive came into being ....and it might just be prudent for the OP to physically block that new section not covered by the known easement for some ascertainable time as to interrupt the use ... ( some smart landowners do this on a periodic basis )

IF the OPs neighbors BF is on OPs lands except for the being in the easement of record...it's time to address the trespassing statutes

 

[FarmerJ]

Ive seen what was a public road that was abandoned the city that is abandoning it just divided the lot then added those two new parcels to each property on the sides in order to be rid of property that could get them just a few more bucks in property taxes ( and in some urbanized areas if the lots are smaller having a few more feet can help sell when the time comes , which is why I suggested looking more into the matter.

 

[HRZ]

I read it differently ..sure would help if OP followed up on his own question.

I read it in context that old road was entirely on OPs property ...and neighbor ran a new extension 12 ' thru OPs lands to make a new connection to old roadway.

 

[justalayman]

I read it differently ..sure would help if OP followed up on his own question.

I read it in context that old road was entirely on OPs property ...and neighbor ran a new extension 12 ' thru OPs lands to make a new connection to old roadway.

So where does the 12 foot easment starting at the center of the pavement that is on op’s property come into play in your understanding? That would mean, more likely than not, there is another 12 feet on the neighboring property (24 feet total). All easments for county roadways starting in 1961 has to be at least 40’ wide. Row’s for county row’s between 1905 and 1961 had to be no less than 30 feet.

That suggests it isn’t a county roadway but that doesn’t totally eliminate the possibility it is a roadway row.


Obviously more info is needed.

 

[HRZ]

Never mind what the code says....I took the words along the centerline to mean just that ...a 12 ' wide overall easement running lenghtwise down an existing roadbed . ...some of the codes around me allow for grandfathering of some very narrow cartways so I'm awaiting OP to update us as to his fact pattern .


And it makes some sense that a municipal government might formally give back too small roads rather than address upgrading them ....

 

[justalayman]

On rereading the original post I concur with the size of the easement.

So until op tosses in some more info I’m sticking with my original post.