Lot with easement access- should we avoid it?
First of all our land search is getting really old, fast. Every lot seems to have some sort of "issue". Latest one has a recorded 30 foot wide easement along the neighbors 2.5 acre, square shaped lot for egress, ingress and utilities. The lot we are looking at is directly behind the neighbors lot and is land locked. The easement is vague. No mention of matinence, materials, nada. It was recorded in the 60's and the lot has been vacant since. The neighbors property, the servient tenement in this case, purchased the property in the late 90's and has a older mobile on it.
Right now there is no driveway to the dominent property (the one we want to buy) there are a few feet of gravel from the main road and then maybe 20 feet of a sort of overgrown path (no gravel-just dirt and grass/shrub) and then no visible path just thick brush. We would want to pave, and I'm not sure if that is okay. My online research tells me it depends on the state, I guess we need to speak to an RE attorney.
So should we walk away simply based of the fact that access to the property requires this easement? I've read plenty of horror stories and I don't want to deal with anything like that. Why, why, why didn't whoever split the property in the first place include a strip of access rather then a stupid easement???
If we decide to pursue, would you approach the neighbors and see how they feel about paving, or should we offer to buy the strip? Currently they have a flimsy catle pannel fence set up along the easement boundaries, fencing off their property from this lot. That kind of tells me they might not care, seeing how they've fenced not to include it. I'd rather just own the strip but I'd also like to just buy their property later on. I'm pretty sure it's an older couple living there, can't imagine they will be there more than ten years. I don't want to pay for the strip only to end up buying their entire lot later on.
Any easement advice? Thanks,
This post was edited by olivesmom on Mon, May 13, 13 at 13:41