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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42830
Experience:  Texas Attorney for 30 years dealing in real estate
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I bought property from church with easement on it. Do I have

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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
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Do I have to honor it or do they need to have one with me, whose has to pay if someone gets hurt
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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.
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So yes, you would have to honor the easement because it is a property right that the holder owns over the subject property.
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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.
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Thanks.

Barrister

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

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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 4 years ago.

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

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.
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You would just have to approach the church pastor or elders and see if they might be interested.
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Thanks.

Barrister

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

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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 4 years 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

Who sold the easement to the church originally?
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What does the easement allow the church to do...cross your land? park on it?
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When you bought the land were you aware of the easement?
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Did you have a title search run on the property before buying it?
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Thanks
Barrister
Customer: replied 4 years 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 4 years 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

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.

 

 

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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: 42830
Experience: Texas Attorney for 30 years dealing in real estate
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