View Full Version : Would anyone have a simple form for a road easement? No attys.
bucknjude
Oct 15, 2011, 02:16 PM
My cousin & I own 2 pieces of land. My is landlocked with no access unless we cross over a corner of her property. This land has been in our family since 1897. We would like to put a home on ours. My cousin told me just go over to our property, but I feel something should be in writing for the future. We would build and maintain the road. Does anyone have a simple easement agreement that would be legal? I would like both parties to sign and it can be attached to the deed for the future. Sometimes you don't know about relatives.
JudyKayTee
Oct 15, 2011, 02:21 PM
What State or country?
ScottGem
Oct 15, 2011, 02:36 PM
Here's a general one:
General Easement Agreement Form (http://www.lectlaw.com/forms/f079.htm)
They also have a link to state specific ones. The main point is that you need to identify the property by its legal definition and identify the purpose of the easement. In the Description list the specification location of the easement. I.E. Ten yards wide and 150 yards long starting from the southwest corner along the western edge. Grantee and their assigns will be responsible for building and maintaining a asphalt/gravel/dirt (whichever) roadway on this easement. This easement is provide access to the adjacent property described above.
On a side note, in the future please choose the category to post in more carefully. I moved your post from the Access forum which is about Microsoft's database software.
bucknjude
Oct 15, 2011, 03:28 PM
Thank you Scott for your post. Not everyone can afford attorney fees. It was most helpful.
ScottGem
Oct 15, 2011, 03:40 PM
Thank you Scott for your post. Not everyone can afford attorney fees. It was most helpful.
The problem here is that most people can't afford NOT to have an attorney. That if they don't prepare things properly it can come back to haunt them.
Have you actually priced the cost of preparing this. It would only take a hour or so for a paralegal to prepare. So it might not be too expensive and well worth the cost.
Fr_Chuck
Oct 15, 2011, 03:40 PM
Of course sometimes one can not afford not to get an attorney, lets say you do the filing, and for 10 years it is great, but the other property sells, or you go to sell your property, and there is a dispute over it, only to find something was not filed correctly.
AK lawyer
Oct 15, 2011, 04:25 PM
... I would like both parties to sign and it can be attached to the deed for the future. ...
The above sentence is "Exhibit A" to the "you really should have a lawyer advise you here" mantra. You should record the deed (or agreement) granting you an easement, not just attach it to your "deed". Otherwise, someone else could purchase the land which is subject to the easement (the land owned by your cousin) and could say that they knew nothing about it.