Posted on 05/19/2016 3:13:02 PM PDT by freedomjusticeruleoflaw
Help please. I have done research and I'm stymied. Simple question for the forum... Can I replace a fence that is on my property, which is covered by an ingress/egress easement, if the fence will in no way impede the intended use of the easement? The fence has been in place for 15 years, needs replacement, neighbor is objecting. I have been getting two answers from the interwebs.
These ingress/egress agreements run with the title. They don’t get changed by the town council. It’s a legal binding instrument. I have already Freepmailed him simple instructions to settle the matter for free. This is what I did for a living for 30 years.
let's just work with this. No means no even six months later. So, you can lawyer up, and persist with 'no', or you can lawyer up and horse-trade. How bad does neighbor want that gate? What do you want that he can provide to get you to say yes? Need a new stained concrete driveway? pond dug? new roof? a milk-cow? shed built? solar battery bank? Complete fence replacement? What style gate would make you happy? Big and fancy with carved animals on it, or discreet? You plan to stay on your property forever, so, thinking of if and when the SHTF, you really do want that ex-agent as your friend. A win-win situation that will increase your property value (making you the bigger winner of course) is always better for everyone. Right now, you have only one decision to make, and make it fast - yes or no. Then find a real estate lawyer that will represent that decision. Good luck.
The only reason I mention the “in no way impedes” is because I have seen others posting such information on legal forums. I just don’t know if I can trust the advice because some say otherwise.
I only left out what I felt wasn’t pertinent to the overriding question.
Can you put fence on an ingress/egress easement that in no way impedes the ingress or egress purpose?
Three people (landowners) use the easement. No one has been affected by the fence in the last 15 years. It simply runs alongside the road which is on the easement.
Possibly. I know he wants our property.
sometimes people redo fences and then the neighbor pulls out paper and says, it’s off the property line. Also the surveyor will identify the boundaries of the easement. I say survey first, lawyer up second.
If you think you presented the whole situation, then it is no wonder you’ve gotten yourself in this mess. If that is true, you are kidding yourself.
Easements are different from state to state. Get a lawyer. It cost me $1,000 total for the lawyer, and for someone to come and survey the property. Well worth it, and I prevailed against an abusive neighbor who wanted to grab some of my land, and it removed an easement “cloud” on the property forevermore. Added bonus, when our rotten neighbor lost he sold his home and moved elsewhere. A realtor told me if the neighbor had received a second easement across my land it would have depreciated my property by $10,000.
If your fence is within that easement, it was likely put there illegally. The fence has to be totally on your property and NOT within the bounds of the easement. Have had this situation before. The fence was ordered removed. Because no one complained doesn't make it right.
It sounds like he wants to improve the drive and that's part of the agreement...shared costs of the party.
I think you might be leaving pertinent stuff out.
That statement is normally attached to agreements...
You can’t put a fence in the easement.
OK. Georgia Girl 2 will get you on the right track.
So, the easement allows people access over your property to their property? Is that essentially what the easement is for?
That's not always the case. Property acquired via tax sale is free of easements. We had a case here in Idaho that worked it's way through the courts where a landowner became landlocked after the neighbor bought a property via tax sale.
Not sure that is for all states.
I think this guy needs an attorney however with what this person is trying to do on the easement.
I agree. Get a lawyer, but before you do get all the contracts and codicils regarding the easement.
Why does your neighbor NEED a gate for the fence? Does the fence prevent him from coming on to YOUR PROPERTY or is there a common path, etc. involved?
Did you get a permit for your fence?
All 19 of our counties require an instrument survey to put up a fence.
I am a lawyer, licensed to practice law in Indiana, and I will tell you what everyone else has said:
Go get a lawyer. Get a lawyer who has a general practice in the county in which you reside. Do not get a lawyer from another county. Indiana has 92 counties, and in every county the law is the same. But the rules are different. You can bend the law, but you cannot mess with the rules. If you know what I mean.
When it comes to things like property rights, anything pertaining to rights in real estate must be in writing and must be recorded with the county recorder to be binding. Any lawyer will need to see the actual conveyance of the easement and what it provides for. The actual written language is key and no lawyer can give sound advice without reading the document itself.
I cannot give you more sound advice than that.
The requirement is that properties MUST have access to a public highway. Rather than putting in an expensive roadway to Town specs, these flag lot type easements came about. So each property might get 15 or 20 feet along the main highway and the entire easement might be 60 feet. An easement for utilities is usually included with these easements.
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