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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).