Urban planning community

+ Reply to thread
Results 1 to 5 of 5

Thread: Easement entitlement

  1. #1
    Member
    Registered
    Oct 2005
    Location
    Seattle, WA
    Posts
    2

    Easement entitlement

    I hold the servient property of an easement for "ingress, egress, and utilities." I understand that I am required to allow my neighbor to traverse that portion of my property. What is not at all clear to me is whether he is entitled to do whatever he wants with regard to building and/or maintaining a road there. I have been informed that he intends to use materials that the county collects by dredging ditches to build up the "road" in places, but such materials include beer cans and all sorts of whatever garbage was in the ditch. Do I have to tolerate that? Are there limits to what he can do with his easement?

    Thanks.

  2. #2
    Cyburbian michaelskis's avatar
    Registered
    Apr 2003
    Location
    Someplace between yesterday and tomorrow.
    Posts
    11,922
    Quote Originally posted by Tim Harvey
    Are there limits to what he can do with his easement?

    Thanks.
    Often times there should be some sort of cross access or easement agreement. If it was done correctly there should be specifications listed in that agreement.
    Not my monkey, not my circus. - Old Polish Proverb

  3. #3
    Cyburbian Cardinal's avatar
    Registered
    Aug 2001
    Location
    The Cheese State
    Posts
    9,893
    The specific language contained in the easement will dictate what may or may not be done, but in reality, many of these eeasements are very vaguely worded. Does yours even grant the right to improve the access route? Whether or not this is the case, you should be protected from the easement owner causing damage to your property. You are right to be concerned that the fill may be less-than-desirable, but you should also be concerned about things like disrupting the drainage patterns on your property. This would be a good time to consult a land use attorney.
    Anyone want to adopt a dog?

  4. #4
    Member
    Registered
    Oct 2005
    Location
    Seattle, WA
    Posts
    2

    Thanks for that input

    I am working on getting a copy of the recorded document that established the easement. That will either tell all, or lead to new questions...

  5. #5
    Cyburbian Emeritus Chet's avatar
    Registered
    Aug 2001
    Location
    South Milwaukee
    Posts
    8,935
    Quote Originally posted by Tim Harvey
    I am working on getting a copy of the recorded document that established the easement. That will either tell all, or lead to new questions...
    Excellent. But keep in mind that we are not attorneys and can't give legal advice. As Cardinal stated, you need legal advice not planner advice.

+ Reply to thread

More at Cyburbia

  1. The CDBG entitlement community thread
    Economic and Community Development
    Replies: 86
    Last post: 21 Feb 2014, 9:48 AM
  2. Subdivision Easement agreements for bus stops
    Land Use and Zoning
    Replies: 18
    Last post: 10 Apr 2012, 9:29 AM
  3. Subdivision No access easement
    Land Use and Zoning
    Replies: 13
    Last post: 18 Oct 2011, 9:14 PM
  4. Replies: 3
    Last post: 19 Feb 2010, 7:07 PM
  5. Entitlement Process
    APA Los Angeles Section (archive)
    Replies: 1
    Last post: 16 Oct 2005, 11:51 PM