Real Estate Law
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Dear XXXXX, My name is XXXXX XXXXX my goal is to provided you with Excellent Service
Thank you for your question.
1. Who deeded this right to your neighbor ?
2. Is your neighbor's right in the form of an easement on your property ?
3. What does your deed say about being encumbered by the neighbor's right ?
Please elaborate a bit on how and when this right was created
Thank you and I look forward to your reply,
This is from my deed;
EASEMENT:This conveyance is granted together with an easement over lands of Vista View Condominiums, which easement is described in said Declaration (Deed Reference: 718 cp 214) as follows:"An easement for ingress and egress by pedestrian traffic and vehicular traffic and all utilities from NYS Route 9 to a frame building located on premises labeled "To be retained by Hildenbrand" on the afore-referenced map and located approximately 350 feet northwesterly of the centerline of NYS Route 9. Said easements shall be fifteen (15') feet in width and shall be centered on the existing dirt drive as shown on said map and shall run from NYS Route 9 along the existing dirt drive to the angle point between the "area reserved for alternate sewage disposal system" and "Unit 3" as shown on said map; thence in a general north easterly direction centered on the existing dirt drive and its extensions to said frame building".LAKE RIGHTS:This conveyance is granted subject to a non-exclusive easement and right-of-way appurtenant to the 1.34 acre parcel shown on the 1980 map referenced herein. The parcel subject to this easement is that parcel of land on Loon Lake, shown on the 2004 map referenced herein, bounded on the North by lands now or formerly of Schaefer, on the South by lands of the Vista View Condominiums, on the East by Loon Lake and on the West by NYS Route 9.Said non-exclusive easement and right-of-way is appurtenant to the 1.34 acre parcel and is for beach, bathing, swimming and boating, including the right to dock one boat on Loon Lake. At this time (2004), there is a dock on said parcel on Loon Lake. The owner of said 1.34 acre parcel, their heirs, successors and assigns are entitled to use said dock, subject to the rights of the owner(s) of said 12.3 acre parcel (2004 survey) and/or the owner of the 1.34 acre parcel to relocate said dock on said 101.0± feet. Any relocation of the dock space by the owner of the 1.34 acre parcel shall be to the northern portion of said 101.0± foot shoreline.Maintenance of the lakefront and dock(s) shall be shared pro-rata by the owners having rights and/or ownership of said 101. 0 foot parcel, measured pro-rata by the number of occupied dock(s) on said parcel.
Hi, Michael, Thank you for including the recitation of the easement rights.
Generally, when an easement is granted, the dominant estate (the property benefitting from the easement) has paid the owner of the servient estate (the property encumbered by the easement). If the owner of the servient estate sells his property, the easement runs with the land and the new owner must comply with the easement. When the owner of the dominant estate sells his property, the new owner has the benefit of the easement because the easement runs with the land.
When easements are granted, the document usually recites how the costs of repairs and maintenance shall be divided and it appears from the excerpt which you posted, that the document granting the easement in question has addressed that issue in that it provides that the owner of the property which benefits from the easement must contribute to the cost of maintenance of the lakefront and the docks. Therefore, that document granted you the right to request their share of the costs of maintenance.
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Am I correct in thinking that this maintenance charge should include partial taxes, insurance, land scape of the beach as well as installation and removal of the dock which is done each year and any other cost which may come up that I pay? What I really wanted to do was charge a flat maintenance fee and not have to be involved with giving these people an accounting each year.
Hi, Michael, Thank you for your follow up question and the opportunity to explain further,
"Maintenance" is used in its everyday definition of "to mend, restore, repair". If the original parties to the easement wanted and intended to include the payment of taxes and insurance, they would have had to specifically spell that out because those items are not associated with "maintenance".
I can understand what a pain it is to deal with this on an annual basis and how much easier it would be to simply charge a flat fee, but that can only be done if you enter into an agreement with those who benefit by the easement and record the document.
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