Re: Border Dispute Update

Posted by PEM on June 14, 2004 at 09:38:12 from (4.155.126.110):

In Reply to: Border Dispute Update posted by Allan on June 14, 2004 at 04:11:03:

For what it's worth---Easements and right of ways are legal agreements and are registered with the county or whoever keeps track of property deeds. The people granted the right of way or easement should have it mentioned on their deed. It is not necessarily on the deed of the property owner/owners who grant the right of way. Rights of way and easements are surveyed pieces of land with exact lengths, width, and compass directions. They are not, as many people wrongly assume, a good will jesture by the landowner.

The 80 year old gent cannot move, build upon or encroach upon any easement or right of way. He cannot put up a fence down the middle because he doesn't own the rights to that property any longer.

He probably will not have difficulty getting his 10 ft corner back where the road encroaches onto his real property because the general law that allows acquiring property over long period use usually refers to openly used access via a road or trail over someone's property to another landlocked property for a certain number of years. There is already legal access in this case, so just confiscating his corner is probably a no-no.

The old guy, because he is building and shouldn't want any mistakes that could cost him, or perhaps the owners of the right of way, or all of them, should have the right of way surveyed & marked so everyone knows where the legal boundries are located. They should also get a copy of the right of way agreement at their County Office of Deeds or whatever it is called. The info I needed to get a copy of my Right of Way agreement was on my deed and it cost me $10 for a certified copy. Few people know exact locations of property lines unless they are still marked. Personally I'd give him his 10 feet back and get everything back to legal borders.

If he is allowed to move the road over on top of the utility easement and build on the other half of the easement, what happens if 3 years from now the utility comes in an says that they must tear up existing utilities and it will be 3 months before permanent replacements are installed. The physical right of way may be blocked and access to property is gone or difficult. At that point, resolving the problem may involve removing any structure encroaching onto the right of way. That's why there is a separate utility easement and separate access right of way. Call the utility company and let their lawyers talk to him if they even care. He essentially wants to force right of way owners to encroach onto the utility easement by moving the access right of way on top of it. Guess who the utility co. will go to if that happens?---The right of way owners who now have their road on top of the utility easement. More likely the utility will just tear up their easement to do the work and ignore that the road even exists.

They should nip this problem in the bud before it starts to cost some real money and get ugly.

Paul

Follow Ups:

• Re: Re: Border Dispute Update Allan in NE 10:47:25 06/14/04 (2)
  • Re: Re: Re: Border Dispute Update paul 12:45:04 06/14/04 (1)
    • Re: Re: Re: Re: Border Dispute Update RusselAZ 13:12:13 06/14/04 (0)

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