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 Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34255
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

We have lake property that has been land locked because the

Customer Question

hi
JA: Hi. What is your issue regarding?
Customer: we have lake property that has been land locked because the county retained the portion of land abutting to public road
JA: Where is the property located?
Customer: Clark county, wi they now want to sell the land to each landowner but the route for ingress and egress that 5 cabins used will be on the lot sold to us
JA: Has any paperwork been filed?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: our deed has this easement stated for ingress and egress. We were land locked and needed to have one. But with the sale of land every landowner will now own land out to the road. Does the easement terminate because everyone now can access the road through their own property? The topography of the land is no problem
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Are you saying that all 5 cabins have the same easement rights over that plot of land?

.

.

thanks

Barrrister

Customer: replied 2 months ago.
the county is saying that they will not be removing or granting any easements. 2 of the other landowners want to continue driving over our land on the route on our future property even though they will no longer be land locked.
Expert:  Barrister replied 2 months ago.

Ok, unfortunately, once an easement is granted, it is a property right that lasts indefinitely. So everyone, all 5 owners, would retain their easement rights across that parcel, forever, even if they didn't need to use it. This is regardless of who actually owns the parcel as it is considered the "servient estate" and anyone who becomes the owner takes it subject to the easement holder's rights.

.

The only way to extinguish the easements would be to have the other owners deed them over to you, typically by you paying them, and they would then extinguish under the legal doctrine of "merger" the same as yours will extinguish once you become the owner of the parcel.

.

But to be honest, since you already have an easement over the land, I don't know why you would want to buy it unless there are other areas on the parcel that aren't covered by the easement that you could use..

.

.

thanks

Barrister

Customer: replied 2 months ago.
The county says that they will sell it to someone else if we don't buy it. Then anything could be done on that land that would depreciate our property. Isn't this a easement of necessity and it terminates when other are able to access the roadway?
Expert:  Barrister replied 2 months ago.

Isn't this a easement of necessity and it terminates when other are able to access the roadway?

.

No, it would have been established originally as an easement by necessity, i.e. a prescriptive easement, but once established it stays forever unless legally extinguished by merger or by affirmative abandonment..

.

And whether someone could do something with it depends on how large it is, and how much of it is covered by the easement. An owner can't erect anything on the area covered by the easement ever because any obstruction would violate the easement owner's rights.

.

.

thanks

Barrister

Customer: replied 2 months ago.
would we have to get the other 4 to sign off in a deed that they are giving it up? Should we have them do that even if they put in their own driveways? Do I need a lawyer to write this or can the clerk of court do that?
Expert:  Barrister replied 2 months ago.

would we have to get the other 4 to sign off in a deed that they are giving it up?

.

This is a property interest, so each owner would have to quitclaim deed their interest in your parcel over to you to extinguish their easement rights.

.

Should we have them do that even if they put in their own driveways?

.

Well, you can ask them, but you can't force them if they don't want to...

.

Do I need a lawyer to write this or can the clerk of court do that?

.

You would need quitclaim deeds prepared for each owner to sign over their rights if they would agree to do so. Any real estate attorney or title company or closing company could draft up the quitclaim deeds for you.

.

.

thanks

Barrister

Customer: replied 2 months ago.
This is how the deed reads: (Any way to terminate the easements other than what you have stated already?)
All lots shall be subject to all exceptions, reservations, easements and restrictions, either in use or of record.The grantees named in the deeds transferring ownership of lots shown on this plat shall accept the lot lines as shown on this plat.These covenants are to run with the land in this plat and shal be binding on all parties and all persons claiming under them from the date these covenants are recordedIncluding ingress and egress over the existing roadways and/or access routes.
Expert:  Barrister replied 2 months ago.

These covenants are to run with the land in this plat and shal be binding on all parties and all persons claiming under them from the date these covenants are recorded

.

That means that they last forever...

.

Any way to terminate the easements other than what you have stated already?)

.

So no, no other way than by them deeding over their interests to you. I am not holding out a solution on you, I promise..

.

.

thanks

Barrister

Customer: replied 2 months ago.
could the other 4 owners quitclaim their right to the easements from the county first... before we buy it. Would that be best?
Expert:  Barrister replied 2 months ago.

They could, but it doesn't matter which order it goes in, they just have to go to the owner of the parcel..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

Have to log off for the evening but will check back in tomorrow morning..

.

.

thanks much

Barrister

Customer: replied 2 months ago.
another Question... what if this easement has never been surveyed .. does not show up on any county record does it really exist to even be placed on the deeds?
Customer: replied 2 months ago.
I should say route/driveway that we all use?
Expert:  Barrister replied 2 months ago.

If that is the case, then the route that everyone has used for all these years would set the boundaries of the easement. But since it is specifically referred to in the deeds, I kind of doubt that they didn't clearly define its geographic boundaries. The way to find out is to go down to the local land records office and look at the overhead plat to see if it shows the easement boundaries.

Related Real Estate Law Questions