egress

[Hillbilly1955]

What is the name of your state (only U.S. law)? West Virginia, I am current owner of tract A of an old farm. Tract B is vacant land and has an egress close to the farm house that they only occaisonally used to go camping. The drive has always been mowed and cared for by prievious owner and now myself as yard. Owner of Tract B is now wanting to put a modular home back there. To do this he will have to remove two gates that have always been kept shut. He will need to build something to cross a very narrow culverted bridge. Might even have to cut down a couple huge mature trees. The map of the property does show the original road which is really a yard then and now, with a 20 foot right of way. Can I build a new egress route (20 feet wide) around the outside of my property and change the route out of my pocket and have him to use it?

 

[quincy]

What is the name of your state (only U.S. law)? West Virginia, I am current owner of tract A of an old farm. Tract B is vacant land and has an egress close to the farm house that they only occaisonally used to go camping. The drive has always been mowed and cared for by prievious owner and now myself as yard. Owner of Tract B is now wanting to put a modular home back there. To do this he will have to remove two gates that have always been kept shut. He will need to build something to cross a very narrow culverted bridge. Might even have to cut down a couple huge mature trees. The map of the property does show the original road which is really a yard then and now, with a 20 foot right of way. Can I build a new egress route (20 feet wide) around the outside of my property and change the route out of my pocket and have him to use it?

I am unsure what you are asking.

Are you talking about an egress (an exit) on tract B or an easement (right of way on another's land)?

If you do not own tract B, you can not dictate what is done to tract B.

 

[Hillbilly1955]

I am unsure what you are asking.

Are you talking about an egress (an exit) on tract B or an easement (right of way on another's land)?

If you do not own tract B, you can not dictate what is done to tract B.

I own Tract A a finished residense, another party owns vacant land Tract B they already have a right of way in and out of their property through my property. I want to build him a new one away from my house but still thru my land. Close off the one that is beside my house, in other words, give him a private drive on my land, and keep my land where my house is private. Can I?

 

[xylene]

What was his reaction when you proposed modifying the easement in this way?

 

[Hillbilly1955]

I own Tract A a finished residense, another party owns vacant land Tract B they already have a right of way in and out of their property through my property. I want to build him a new one away from my house but still thru my land. Close off the one that is beside my house, in other words, give him a private drive on my land, and keep my land where my house is private. Can I?

a positive NO, his reaction it has been there and will remain there. He wants privacy so I want to give him a private road but he is still rejecting it.

 

[LdiJ]

a positive NO, his reaction it has been there and will remain there. He wants privacy so I want to give him a private road but he is still rejecting it.

Then he is maybe not understanding what you are asking him...because it really shouldn't matter to him.

 

[154NH773]

If the easement is described in a specific location you may not change it unilaterally without your neighbor's agreement.
You may have some leverage if the wording of the easement is restrictive of his rights, or the easement is narrow. Maybe you can offer to deed him a portion of your property, which he can then do anything with it he wants.
If the current easement would be less expensive for him to improve, maybe you should offer him some money to move it.
Remember, you alone CANNOT move the current easement if it is described in a specific location.
If the location is not described, then a court might agree that another location is reasonable.