Real Estate Law
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can i lease it to them to cover cost or or make them buy the land
at one ten of my total land is that right of way, do i have to pay for there usage of it with out compensation, it is a good chunk of change that i have to pay for, they are private persons not related to church that had land before.It says on easement that is filed, that they pay ten dollars and other good and valuable considerations the price of land has gone up tremendously its value now is around 10,000an acre
the church gave the easement to private persons to cross my land when they owned it since 1790,s i bought it in 2006, i was aware ofXXXXX but looking at easement it gives 15 feet on each side of center but on plate it shows 60 feet by appox 800 feet just the cost is almost one tenth the total of 200,000 property, why am i paying for there road with out some compensation
Thanks for allowing me to follow up on your repost.You are not required to maintain the road here that is on the easement.If you are wanting to maintain it you need to approach the folks with the easement access about a maintenance agreement.This could include costs for maintaining the road here including taxes.But you need a written agreement with their costs spelled out so that you have a binding agreement.You would then be able to sue on a written contract here for any non payment by the folks with the easement.You do have a right to force the other party here to enter into such an agreement or not maintain the road.It is not expected here that you pay taxes and upkeep without such an agreement for these costs and upkeep.You should contact these persons in writing with figures for maintenance, taxes, etc that you require for maintaining the easement road.Then you may consider a local lawyer to draw up the agreement.You can also include the legal fees you incur.Certainly it is reasonable that they pay for the true upkeep of the easement road.The alternative is to let the road go and not maintain it.So the other party likely enters into such an agreement.Long term this will benefit both of you.I appreciate the chance to follow up you repost.If you have more follow up please just ask.Thanks again for letting me help you today and for your patience.
Here is a sample agreement.Understand that with your facts you will need to modify this, here one option is they agree to maintain the road, or two you maintain it and they agree to pay a certain amount--you would come up with this cost here and include it in a modified agreement. But this gives you an idea of what an agreement form looks like ..
Thanks again.I wish you good luck with the agreement.It is certainly reasonable that
the easement owners pay for maintenance and up keep of it.
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