Egress & Ingress right of way - Posted by Dale Brock

Posted by Dale Brock on November 28, 2006 at 16:06:02:

Thanks for the reply and info…

There’s part of a National Forest behind this area. I’m not sure if the well was on neighbors property or on the national forest property… I don’t think our protery line went back that far… However, according to the water comapny the pressure well was put there to provide water pressure to the other homes or homes to be built. The easement goes through my property and some of the neighbors property to get to the well (moved)… As I said before the neighbors land is on the road front. It’s just a matter of them grading a road to their building site. I’m having someone to research the plat books to see if anything pretains to other property owners having a right of way/easement…

Thanks, Dale

Egress & Ingress right of way - Posted by Dale Brock

Posted by Dale Brock on November 25, 2006 at 19:43:09:

I bought a lot that had a easement for the city to get to a (pressure well)… When I purchashed the proterty I wanted to move the pressure well at my expense so I could get the easement/right of way released… The City agree and gave me a quit claim deed for the easment… I got a call from the owner of the proterty next to mine and he told me that when they bought their (3) lots they had a egressw/ingress through my proterty. This was not disclosed by the realtor/ surveyor/ or anything mentioned in our deed. (Only the easement/right of way) for the city.
The owner of the other proterty says that they have this in their deed. Their proterty is facing the road for the community and they could grade in a drive. They are getting ready to build and said that they willuse this (road)(easement) to get in and out of their proterty. Do I have to let them use my drive to get in and out of their proterty?
I would appreciate any insight into this issue…

Thanks, Dale

Re: Egress & Ingress right of way - Posted by David Krulac

Posted by David Krulac on November 30, 2006 at 06:21:25:

  1. You need a deed search of both your chain of title and the neighbor to see when their easement was created, and if it was proper.

  2. Since the well is not on your property presumably the water co. has an easement across somebody else’s land too. You need to research and find that out too.

  3. Since you’re not sure if the well is on your property, it would seem that your property is not surveyed. That might help you.

  4. If the neighbor refuses to vacate their easement, its probably going to court. You should talk to an attorney now who specializes in real estate law, is experienced, knowledgable and competent.

Re: Egress & Ingress right of way - Posted by LK

Posted by LK on November 25, 2006 at 21:42:54:

I would ask for proof of the easement. I would think the easement would need to be in your deed, not their deed.

Either way, if the road across your property has been historically used to access the other property, there could be a prescriptive easement.

Re: Egress & Ingress right of way - Posted by Pat Wilkerson

Posted by Pat Wilkerson on February 01, 2007 at 11:28:19:

I bought a piece of property that I have discovered has two easements attached to it. One that was on the previous deed, and one that is not associated with the deed at all and was given by a previous owner 4 years after he had sold the property. The attorney that did my deed also is the attorney that notrized the second easement. He remembers notrizing it but he says he did not do the orginal report.

Re: Egress & Ingress right of way - Posted by Dale Brock

Posted by Dale Brock on November 26, 2006 at 06:58:59:

I appreciate the info and reply… I thought that a egress/ingress right of way was for land (like old farm house,etc) that the owner sold road frontage and had no other access to proterty (kept) and they had this expressed/recorded upon sale of proterty? It’s my understanding that the road was graded to give the city access to the pressure well for maintenance. Not to give other land owners access to their proterty.

Thanks, Dale

Re: Egress & Ingress right of way - Posted by LK

Posted by LK on November 27, 2006 at 21:39:59:

I assume that the City’s pressure well was on your property. If so, did the easement extend to the other parties property line? If it did not then it does not sound like the easement was intended to provide access for the adjacent property which doesn’t explain why it is referred to in the other parties deed (if it actually is). The City easement may have been historically used by other parties for access and could therefore have been picked up at some point and included in their deed.

One way to find out is block the acccess and see what happens. If there is other reasonable access to the adjacent property without crossing your property, I don’t see how they could have a valid claim.