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easement takeover

Posted by ezgrill (My Page) on
Wed, May 29, 02 at 21:18

I have a question. How can a take over the rights to a road easment?
My neighbor and I share an 18 foot road easment.
This easement provides access for the two of us as well as a land locked neighbor.
All parties that use this road easement legaly ( as per a private road easement document from the prevoius owners filled in 1953) share equally, the repair and maitance of the easement.
For the last 9 years my wife and I have paid for all repairs and yearly seal coating of the paved surfaced.
Durring the midwest winter months, I plow the snow from the full road eastment with no help from the neoghbors.
The neghbor that shares owership of the easement does not want to pay anything. In fact every time we seal coat the pavement he refuses to keep off tne newly coated surfaced for 8 hours untill it dries. He even cuts his grass and blows all the grass clipings on the wet seal coating before it can dry.

What can I do?

Thank You
Will County, Illinois

Follow-Up Postings:

RE: easement takeover

Growing up, we and the three adjoining homes shared a streetlight in the back yard. Seemed my dad was always in charge of being the collector/enforcer. The first owners were fine, but one house sold, and the new owners didn't always want to pitch in.

Dad had to be friendly and polite, but very frank, and it only took one year to get everyone playing by the rules again.

Are the terms of the easement ownership in writing? If so, then you probably should write up a friendly agreement and get them to sign it since you share ownership. Keep it polite and simple.

"In order to maintain the value of our neighborhood and properties, the access road we share rights to must be periodically maintained. The cost is $600 a year. This works out to $200 each. The $200 is due to me by June 1 of each year. If it is inconvenient to pay the entire $200 at once, you can send it to me in installments, from Jan - June, as long as the entire amount is paid by June 1. In return for splitting the cost, I will agree to ensure the sealing is done on time each year.

I agree to give you 1 week's written notice prior to the sealing, and once that notice is given, you agree not to drive on the road or get clippings on it for 24 hours afterward. Upon receiving the 1 week notice from me, you have 24 hours in which to notify me of any rescheduling needs, if the scheduled date doesn't allow you to comply with the no driving/no clippings."

I'm typing quickly so I'm sure the above could be cleaned up. It may be that they just assume that you'll keep doing it since it's been 9 years. It may be that just getting a little neighborly agreement to share in the cost.

RE: easement takeover

Consult with your attorney. The easement rights and responsibilities should be in writing and part of the deeds to all the landowners involved.

RE: easement takeover

Right of way

Check your deed to see what it specifically states regarding the easement.

Here is a link that might be useful: WHAT IS A

RE: easement takeover

An easement gives someone the right to USE a piece of land but it is still OWNED by an owner. I'm curious which one of you owns it? I doubt it's mutually owned. It's probably not the landlocked owner, so I'm guessing you or Mr. Grass Clippings. Consult the chain of title and deeds if you aren't sure.

And unless the easement language provides for maintenance costs to be paid equally, you may not have anything enforceable to make them pay. I do like the idea of a new signed agreement though.

If necessary you could always stop plowing and sealing whatever parts you are not using yourself.

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