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I grant an easement along a 10 ft strip of my lot for neighboring lots to access their...

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mikego123 | eNotes Newbie

Posted June 11, 2013 at 7:27 PM via web

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I grant an easement along a 10 ft strip of my lot for neighboring lots to access their property. Part of the 10 ft strip contributes to a road and part of it is landscape and slope up to the non-easment part of my lot.  

Due to one of the lots being recently developed, the city has required widening the road and I will be left with a stark wall that ruins my curb appeal and creates a falling hazard at the edge of my property.  The easement beneficairy claims they can just do the mnimum to deliver the wide road and leave me with the problem.

Do I have any right to specify how this is done?

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted June 14, 2013 at 4:04 AM (Answer #1)

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This answer is based on information from my wife, who holds a Masters of Urban Planning and is the Senior Planner for our city.

It is impossible to answer this question in a generic way.  There are too many variables that could affect your ability to dictate the terms on which this new road is built.  The reason for this is that there is no one general way in which all easements are granted.  An easement is, in essence, a contract.  As such, it can be written in many different ways and different levels of rights can be granted to the beneficiary or retained by the owner of the land.  Therefore, in order to get an answer with regard to your specific situation, you are likely going to need to consult with a lawyer who can examine the easement that you granted and can determine what your rights are.

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mikego123 | eNotes Newbie

Posted June 14, 2013 at 6:48 AM (Answer #2)

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Thanks for your answer.  I have read the easement and it is very general and simply stated.  Basically it just allows the owners of three other lots to use it for access to their property. It has been in place and functioning well for 40 years.

I feel that the other property owners - who just recently developed their land in such a way that necessitated this access road widening -should be obligated to build the wall in such a way that it minimizes the negative impact on the appearance of my property and also provide a safety barrier so that I am not exposed to the hazard of a fall off of the 7 foot wall that this widening requires.

The other property owners feel that they may do anything they please within the easment area regardless of the consequenses to the non-easment protion of my property.  So I guess this is a legal question that I need answered as you suggest.  Thanks again.

 

 

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