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    HorseLady76's Avatar
    HorseLady76 Posts: 29, Reputation: 1
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    #1

    Apr 16, 2012, 08:25 PM
    Access road to property states on deed "bought and paid for"
    My deed states that the easement of access ,which is the roadway to my property, was bought and paid for...
    I am the dominant tenant of the easement and the property owner is the servient tenant; however,
    1. with the deed stating that the easement was bought and paid for --- do I have to share the easement with the property owner
    2. and do I have to provide all the expense of upkeep of the driveway.
    Any help would be appreciated.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Apr 16, 2012, 08:40 PM
    You will have to do a title search on both your property and the neighbor's property to find when the easement was granted to see if there were any conditions.

    If there were no conditions then yes, the owner of the property is allowed to use the easement. It is their property, after all, and you have merely been given a right to pass over it.

    If both of you are using it then you are equally responsible for the expenses. If one of you uses it more than the other then the responsibility for the expenses should be proportionate with the use.
    HorseLady76's Avatar
    HorseLady76 Posts: 29, Reputation: 1
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    #3

    Apr 16, 2012, 08:59 PM
    I understand "if had been given permission" however the right of way
    Was BOUGHT and PAID For Would this have made a difference

    It is documented on my deed as such.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Apr 16, 2012, 09:10 PM
    You bought and paid for an easement. You didn't buy the land. You bought the right to pass over the land. You bought permission to enter their property and use it to reach your property.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 16, 2012, 11:56 PM
    Quote Originally Posted by HorseLady76 View Post
    ...
    1. with the deed stating that the easement was bought and paid for --- do I have to share the easement with the property owner
    2. and do I have to provide all the expense of upkeep of the driveway.....
    Simply because you paid for an easement doesn't give you the right to use it to the exclusion of the owner of the subservient fee simple. So,

    1. yes, unless stated otherwise in the easement; and
    2. probably, again unless stated otherwise.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 17, 2012, 03:17 AM
    Quote Originally Posted by HorseLady76 View Post
    My deed states that the easement of access ,which is the roadway to my property, was bought and paid for .....
    If the "bought and paid for" statement refers specifically to the easement, then that is what was bought and paid for, the easement. Nothing more, nothing less. An easement is necessarily granted for free.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Apr 17, 2012, 04:53 AM
    Quote Originally Posted by ScottGem View Post
    ... An easement is necessarily granted for free.
    An easement is not necessarily granted for free. It is usually created by deed, which typically starts "for $__, and other good and valuable consideration...". It is usually paid for. So the "bought and paid for" language OP is so concerned about is redundant. It is surplussage. It is saying the same thing twice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Apr 17, 2012, 05:12 AM
    Ooops, that was NOT a good slip of the keyboard.
    HorseLady76's Avatar
    HorseLady76 Posts: 29, Reputation: 1
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    #9

    Apr 22, 2012, 04:58 AM
    Quote Originally Posted by AK lawyer View Post
    An easement is not necessarily granted for free. It is usually created by deed, which typically starts out "for $__, and other good and valuable consideration...". It is usually paid for. So the "bought and paid for" language OP is so concerned about is redundant. It is surplussage. It is saying the same thing twice.
    Thanks this clears it up I can not find any other conditions The new owner has started flexing his right on the land and is creating hardship for me guess just have to deal with him legally. Something he is stepping out of line on such as water run off on a 20 foot slope and ordinances of county concerning the area and flooding thanks so much I appreciate the response

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