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marykfran · Mar 4, 2009, 08:30 AM

I have an easement and aggressment that was given to the property owners that was used as a township alley. One of the property owners signed a quit claim deed to this easement in 1969. His son who now has acquired the property is claiming that he has access to it and a right to be on it. I have to provide the gravel for this and it is the only way into my property. Does he have a legal right to use this easement that was given to the property owners?

George_1950 · Mar 4, 2009, 08:45 AM

Welcome to AMHD. I've read this several times and get confused where you indicate: "One of the property owners signed a quit claim deed to this easement in 1969. His son who now has aquired the property is claiming that he has access to it and a right to be on it." Who was the grantee in the property owner's quit claim deed? Why did the property owner quit claim his interest in the easement? What state?

ScottGem · Mar 4, 2009, 09:10 AM

An easement is permission granted to someone other than the property owner to use a portion of the property. Generally, an easment is granted where soemone has to croos someone else's property to get to their own.

That's why your question doesn't make a lot of sense. If YOU have an easement, then you are the user of someone eles's property. Nor do I understand why one of the property owners would give up the easement.

So you need to explain, in greater detail what's going on here.

marykfran · Mar 4, 2009, 10:53 AM

Originally Posted by George_1950

Welcome to AMHD. I've read this several times and get confused where you indicate: "One of the property owners signed a quit claim deed to this easement in 1969. His son who now has aquired the property is claiming that he has access to it and a right to be on it." Who was the grantee in the property owner's quit claim deed? Why did the property owner quit claim his interest in the easement? What state?

The property was a township road that the township gave to each property owner that bordered the road. Then when my house was being built, the property owner on the opposite side of the road wanted to give his part to build my house and the otherside was owned by the man's dad who signed a quit claim deed giving up his rights to the road, which became my easement.

marykfran · Mar 4, 2009, 10:59 AM

Originally the rightaway was a township road that was given to each property owner who bordered the road. When it came time to build my house in 1969, the person on the one side gave up his portion through a quit claim deed so the other owner who owned the land where the house was being built could provide access to the property.

George_1950 · Mar 4, 2009, 11:04 AM

Originally Posted by marykfran

...One of the property owners signed a quit claim deed to this easement in 1969. His son who now has aquired the property is claiming that he has access to it and a right to be on it....

You are saying that a property owner quit claimed his easement to you; and that his son wants to reclaim the easement for himself?

ScottGem · Mar 4, 2009, 01:14 PM

So far all I got here is that a road between some properties was given by the town to the property owners who, in return, gave an easement so all property owners would have access.

I suspect the reason this happened was to tax the owners for the property and shift maintenance costs to them.

I still have a problem here because I don't understand why it was necessary for anyone to give up their rights to the easement. Was the house being built too large for the lot? Why would the former owner of your property need the easement to provide access if the purpose of the easement was access?

I think the only way we can understand this is if you post a rough map, showing the properties and the easement. You might use Google Maps to get a satellite picture of the area , save it as a JPG and then mark it up to show the easment and the properties and attach to a note here.

marykfran · Mar 4, 2009, 01:31 PM

The township road was 16 feet wide. Each owner got 8 feet on their side of this road, which is currently my right-of-way. They said the township gave the alleys because there were too many to maintain (gravel, plow, etc). The woman's dad owned all the property around this alley, and gave her the property where my house is now. The only access to the house is this road. So the other owner gave up his 8 feet so she could have the 16 foot right-a-way, by signing a quit claim deed to this road. That man was her uncle, whose son now owns the dad's property and wants that 8 feet back to use as he sees fit.

marykfran · Mar 4, 2009, 01:35 PM

George, yes, that's correct, except his dad gave the easement to the origial owner of my property, but it became mine when we purchased the house.

George_1950 · Mar 4, 2009, 01:44 PM

I'm sorry, maryfran; I'm having a difficult time grasping these facts. As Scot has said, a map might help, and a timeline of ownership of the property and easements. Do you have a neighbor with the same concerns, or does this affect you, alone?

LisaB4657 · Mar 4, 2009, 02:20 PM

I think I understand what's going on here. It sounds like the uncle deeded his easement to the person who owned your property before you bought it. If that's the case then the son has no rights to that easement anymore.

But before you take any action on this I strongly recommend that you see a real estate attorney just to make sure this is exactly what happened.

ScottGem · Mar 4, 2009, 03:22 PM

Originally Posted by marykfran

The township road was 16 feet wide. Each owner got 8 feet on their side of this road, which is currently my right-of-way. They said the township gave the alleys because there were too many to maintain (gravel, plow, etc). The woman's dad owned all the property around this alley, and gave her the property where my house is now. The only access to the house is this road. So the other owner gave up his 8 feet so she could have the 16 foot right-a-way, by signing a quit claim deed to this road. That man was her uncle, whose son now owns the dad's property and wants that 8 feet back to use as he sees fit.

This still doesn't make a lot of sense. How many lots are on this road? Why would someone need the full 16 feet? Is this a dead end road?

What I'm thinking here is that, by granting the full 16 feet to what is now your property, it is preventing other property owners from accessing their property. On those grounds, its possible the son can regain the 8 feet. However, the terms of original easement may prevent it from being used as anything but a road.

What has happened so far? Has the son who wants this property back, filed suit or just made noises. What was done with the 16 feet you now believe you own, is it still road?

marykfran · Mar 4, 2009, 04:18 PM

It is only my problem. The neighbor doesn't border the other side of the rightaway.

ScottGem · Mar 4, 2009, 06:21 PM

You really need to show us a map to understand this.

marykfran · Mar 5, 2009, 08:54 AM

There were three lots on this road. The house that the son wants to reaccess the road has been condemed and is supposed to be torn down. It's been sitting like that for four years. The 16 feet was the original size of the road. And yes it dead ends into my yard. It used to be a turn around where people came into my yard to turn around, but I closed it off because I have small children in my yard. I only want it to be a road, or my driveway and I want to upgrade it (black top, concrete) but was told I can't do that without permission, because it's an easement. The son hasn't done anything, just makes noise and uses it. He used to put hugh chimney blocks in it.

ScottGem · Mar 5, 2009, 09:15 AM

We are getting closer. Are there two lots on your side of the easement and one on the other side? Google maps is easy to use and it wouldn't tell is where you are. If you just download the satellitel picture. You can save it as a JPG and use Windows Paint to annotate it.

But its definitely sounding more and more like you are in good shape legally.

I would suggest that you you read carefully the terms of the easement and the quit claim. Because the wording here may have a bearing.