My daughter owns property that she never signed easement papers for a land locked house to use The real estate agent claims the deed said there is an easement. How can there be an easment if no easment paers were signed by the property owner.
My daughter is being particular on this for the safety of her children.. I know different states have different rules. My daughter lives in Wisconsin
2006-10-12 16:27:37 · 9 answers · asked by mamayer6 5 in Business & Finance ➔ Renting & Real Estate
Welcome to Wisconsin!!! This is right up my Avenue as I just went through this. An easement could have been signed 60 year's ago by the original land owner's and they still hold water in Wisconsin. She would not have had to sign anything if she purchased the house through a real estate agent. She could go to her country Zoning Department and get a Copy of it. It is on file up there. The only way the easement can be broken is if the land locked owner's sign off which will never happen. Good Luck with everything!!
2006-10-12 16:33:28 · answer #1 · answered by Niecy 3 · 0⤊ 0⤋
I work as a title examiner in Minnesota. The easement could have been signed by the prior owner or even the owner before that. It stays on the land, even without your daughter signing anything. The deed does not need to say anything about it in the legal description either, but it would be a recorded document somewhere along the line of the property. It should have probably been on the Title Insurance and if your daughter purchased an owners policy it should be listed on there. Unfortunately if it is a recorded easement there isn't much, if anything that she can do about it. But it is very probable that the neighbors do have an easement to use the property.
2006-10-12 16:38:31 · answer #2 · answered by OggieHun 1 · 0⤊ 0⤋
Easements are usually part of the title on the property..You should have got one when the property was purchased. There are no "easement papers" that are signed. I would bet there IS an easement recorded on the title .. it's unlikely that the developer or person who built the original home would have been able to do that without access to the property. ALSO, if the house has been there for a long time and they have been using a common driveway or have for many years driven over a portion of your daughters property to access their property then EVEN IF the easement was never recorded they may be able to claim an easement by "adverse possession" because of their use of this for the past so many years..
My bet is that there IS an easement. if there is a concern about safety of kids then your best bet would be to make peace with the neighbor, allow them the use of the easement but work out the safety issues with them .. that way everybody wins..
Good luck!
2006-10-12 16:38:16 · answer #3 · answered by MeInUSA 5 · 0⤊ 0⤋
I live an Texas and the easement was placed after the purchase of my mom s home. The city came and left a huge mess cutting up trees that my mother had by her driveway. The city developers said they have the right to go over 20 feet wide and almost a mile long across my mother s property and there is nothing we can do about it. After being in the city limits for over 80 years they just decided to put down a fire hydrren for the fire department to hook up to in case of a fire
2016-09-21 09:19:00 · answer #4 · answered by justice 1 · 0⤊ 0⤋
There is a type of Easement where it may be called "Unscripted" (or similar) where by using the land for a period of time, without the owner's consent, gives the right of way.
2006-10-12 16:33:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The answers above are valid. Have her get to know her neighbors become friendly and knowledgeable about them. They can be her best second defense for her kids.
P.S. if she turns off the yellow dog pimping disaster talking heads of television land she can have a better life.
her kids have a better chance of injury in a thousand other instances than what the talking heads sell people.
Her kids have a much better chance of a happy healthful life than any other garbage.
2006-10-12 16:57:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
if theres a easement the realtor and the deed should match,,,if he really wants it he should proove it all thsoe documents are filed at the court house and can be viewed and even copied
2006-10-12 16:31:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Definitely necessary!
2016-05-21 21:59:27 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I'm wondering if that could put her ownership at risk. I'm wondering if anyone else would have more information on this issue.
2006-10-12 16:30:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋