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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If a person has egress to a piece of property via private road

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If a person has egress to a piece of property via private road that borders the property at a 90 degree angle, how much of that border must remain accessible to the grantee?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to help.
Kirk Adams : Is there a written easement?

yes there is

Kirk Adams : Ok. I assume it doesn't provide the width of the easement.

no it does not. It is a private road owned by me with egress to 4 properties mine included

Kirk Adams : Generally, as long as the road remains accessible , that's enough.
Kirk Adams : As long as the intended purpose for the easement is honored, you should be in compliance.


Kirk Adams : Sure.
Kirk Adams : Even if you fenced the road, you'd likely be ok if you provided a key to the easement owners.
Kirk Adams : *if you put a gate across the road - not fence.
Customer: replied 3 years ago.

whats the difference between and an easement and right-of-way

Nothing - just different terms.
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