How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 29631
Experience:  Texas Attorney for 29 years dealing in real estate
8534270
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

I bought property from church with easement on it. Do I have

Resolved Question:

I bought property from church with easement on it. Do I have to honor it or do they need to have one with me, whose has to pay if someone gets hurt
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Do I have to honor it or do they need to have one with me, whose has to pay if someone gets hurt
.
An easement runs with the land so that means that any subsequent purchaser who buys the land takes it subject to the easement. So if the land you bought has an easment on it, then the person who holds the easement still has the same rights to use the land for whatever the easement states.
.
So yes, you would have to honor the easement because it is a property right that the holder owns over the subject property.
.
As long as you have not created any grossly negligent hazards on the property, like digging holes and then concealing them, you couldn't be held liable for any injury on the property. Anyone using the easement would be considered a licensee and the owner's duty to a licensee is only to not be grossly negligent in maintaining the property.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

can i lease it to them to cover cost or or make them buy the land

Expert:  Barrister replied 1 year ago.
Well, you can't force them to buy the land since no one can be forced to buy real estate if they don't want to. But you could lease the land to them if they decided that they needed more to add on to their church. They might even be interested in buying it for expansion purposes.
.
You would just have to approach the church pastor or elders and see if they might be interested.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

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

Expert:  Barrister replied 1 year ago.
Who sold the easement to the church originally?
.
What does the easement allow the church to do...cross your land? park on it?
.
When you bought the land were you aware of the easement?
.
Did you have a title search run on the property before buying it?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

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

Customer: replied 1 year ago.
Relist: Inaccurate answer.
never once said that can a least collect taxes and maintenance cost for road right of way after asking directly about costs that users of right of way may be asked to pay
Expert:  Ray replied 1 year ago.

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 ..

 

 

http://www.visitcaroline.com/rmagreement.pdf

 

 

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.

 

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 29631
Experience: Texas Attorney for 29 years dealing in real estate
Ray and 8 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.