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Easement through my property

bbbarracuda

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Jun 1, 2008
Messages
709
I know I'm coming late to this discussion, but I'd sell a 20' wide strip down the edge of your property to connect to the back property.
That eliminates the easement problems and puts a definite limit on where road can go.
It may cause different problems, but it will make things more certain, and less "what if".
 
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Innovate1

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Jul 28, 2014
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4,289
Location
Illinois near St. Louis, Missouri
I know I'm coming late to this discussion, but I'd sell a 20' wide strip down the edge of your property to connect to the back property.
That eliminates the easement problems and puts a definite limit on where road can go.
It may cause different problems, but it will make things more certain, and less "what if".
That's not always allowed. Here we have a rule against "flag lots" to avoid a narrow strip to access another property. Not sure how that's enforced. There are numerous easements for access around the area but my understanding is they are existing and not currently allowed to be created either.
 

firebirdparts

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Jun 8, 2016
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10,644
Location
Kingsport, TN
Just as an aside, I wonder why anybody would oppose flag lots. It's odd.

There are so very many laws that are mainly intended to increase the cost of housing for no other benefit, but I don't think that's one of them. It sounds more like the AHJ thought they could force people to build something else, like a neighborhood that requires some sort of board approval. I don't know.

It's all fascinating to me, now that there is a legit housing shortage and no effective way out of it, to look at how these things are so controlled. I keep hearing that corporations have now seen the favorable landscape and are buying housing, but I hope it's not true. If it is, I think you would expect higher quality lobbying to place even more restrictions on private home ownership. They're not stupid.
 

RPH

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Joined
Dec 17, 2006
Messages
4,190
Location
Michigan Thumb
Michigan has a 3x4 rule for land splits. Before I bought my place the old guy split 8 acres off. State law requires that it be 300 foot wide and 1200 foot long. I have the remaining land that’s 414 foot wide front and 708 foot wide rear and 1314 feet deep. Shaped like an “L”.
 

The Bean

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Dec 24, 2021
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1,822
Location
Delaware Valley (SE PA)
I'm just starting design on a new house with a 5 acre flag lot split off a 10 acre parcel. The site plan shows the flag lot has a 30' wide strip along the edge of the front lot. The drive runs in this strip until it gets near the road and then it turns across the front of the front lot where it becomes a shared common driveway and exits in the center.
Stupid...
The civil engineer who did the site plan said it was because the road has a crown where the flag meets the road and sight lines are compromised.
I see future issues...
Oh, and the owners of the two lots are related family...
Hillbilly? We'll see.
1650400112782.png
 
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LOW1

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Joined
Jul 20, 2018
Messages
2,647
Location
ontario
I'm just starting design on a new house with a 5 acre flag lot split off a 10 acre parcel. The site plan shows the flag lot has a 30' wide strip along the edge of the front lot. The drive runs in this strip until it gets near the road and then it turns across the front of the front lot where it becomes a shared common driveway and exits in the center.
Stupid...
The civil engineer who did the site plan said it was because the road has a crown where the flag meets the road and sight lines are compromised.
I see future issues...
Oh, and the owners of the two lots are related family...
Hillbilly? We'll see.
1650400112782.png
That’s not good at all.
 
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paredown

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Jan 12, 2012
Messages
545
Location
Pomona, NY
Not the same thing, but we have an easement along the back property line that was originally for "occasional" access to power lines and a sewer trunk line that follows the property line as well. There is an old gravel "road" that predates the subdivision for access.

The power line guys are at most an occasional foray for branch lopping--in fact I can't remember the last time I saw them use it.

The sewer guys on the other hand have adopted it like their own road--almost daily access with their 4x4s. They rebuilt the pumping station that is at the end of the old easement road, and now they drive down almost daily, and perform "tests" and sleep in their trucks. What's worse is they also have dumped loads of asphalt millings and gravel and regraded a road that they do not own, and for which there is no permission given for them to do so.

When I have questioned them (and asked politely not to block my own little back "entrance" off the old road while they have done so), all I have got was attitude and they have just let the **** pile up so it is harder for me to get onto the usable part of my driveway.

Meanwhile it has also become the informal walking path for the dog walkers, since it joins up with the small public park at the end of the old road.

I've gone far enough to know that the Sewer District guys are taking advantage, and who the local lawyer is who has had success teaching folks like this some manners, but so far have not had the spare cash to get the matter solved, either the the county purchase of the whole easement or other arrangements.
 

PugetDude

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Mar 13, 2013
Messages
22,423
Location
Superstition Mountains, AZ
Not the same thing, but we have an easement along the back property line that was originally for "occasional" access to power lines and a sewer trunk line that follows the property line as well. There is an old gravel "road" that predates the subdivision for access.

The power line guys are at most an occasional foray for branch lopping--in fact I can't remember the last time I saw them use it.

The sewer guys on the other hand have adopted it like their own road--almost daily access with their 4x4s. They rebuilt the pumping station that is at the end of the old easement road, and now they drive down almost daily, and perform "tests" and sleep in their trucks. What's worse is they also have dumped loads of asphalt millings and gravel and regraded a road that they do not own, and for which there is no permission given for them to do so.

When I have questioned them (and asked politely not to block my own little back "entrance" off the old road while they have done so), all I have got was attitude and they have just let the **** pile up so it is harder for me to get onto the usable part of my driveway.

Meanwhile it has also become the informal walking path for the dog walkers, since it joins up with the small public park at the end of the old road.

I've gone far enough to know that the Sewer District guys are taking advantage, and who the local lawyer is who has had success teaching folks like this some manners, but so far have not had the spare cash to get the matter solved, either the the county purchase of the whole easement or other arrangements.
Photos of them sleeping in their trucks while on the clock, sent to the local TV station.
 

Magnum440d100

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Joined
Dec 2, 2018
Messages
3,581
Location
Indiana
This reminds me of my friends property. He has something like 2.5(?) acres of property. The driveway on the right is the main driveway to get into the property.

The neighbors behind them have something like 10(?) acres.

The neighbors built a house that is accessible just about only by my friends driveway.

When my friend bought the property, it was stated that his driveway is shared use and he cannot block or otherwise change it.

The city found out about the house that was built and condemned it (unpermitted). So it sits empty and is falling in on itself as it’s been vacant for 20 years.

So even though the access to that house is no longer needed, my friend is still stuck with a shared driveway that he has no control over.
And the pisser?!?! The neighbors “could” get access to that part of the property from the front if they removed 2 (smallish 40’) trees.

Shared driveways/easements are weird. I wouldn’t do it personally. But I’m not trying to give advice. Just relate a story lol
 

jives

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Joined
Jan 4, 2013
Messages
2,811
Location
Central NY
Just sell the driveway land along with the back 40 as a flag property. Very common here, not sure why not in your area, but could a code variation be made? Easement sounds like an unnecessary legal hassle. The pic below is my neighbor's place. The flag "pole" is not 1/4 mile long, but 1/4 mile or longer is not unusual.

flag property.jpg
 
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