My question involves real estate located in the State of: Michigan
I have posted before on this issue, but it's getting more complicated. Default Re: When Does Easement Access Extend to Additional Parcels
New development: the neighbor has prepared an easement agreement stating that the boundary agreement Consent Order referenced a right of way over our property recorded in 1955 to be extended to the additional property now added to our original parcel. ( This was from the boundary dispute that we settled out of court. We gained about 2 acres. ) in their proposed clarification of easement tHey also state : whereas the parties acknowledge that the above referenced right of way extends to a limited extent from Grantees land (original 1955 parcel description) to Grantees contiguous land (second parcel description). They then say they will divide the parcels into not more than 2 parcels with only one more single family residence plus the existing cabin on the first parcel. My question is this: do they even have a basis.? We spoke with our lawyer and he seems to think we should settle for this to avoid court. They say they will reopen the boundary consent order. Are they just threatening us so we will agree? More traffic through our yard will certainly lower our property value, and our privacy and enjoyment of our property. Wouldn't this increase the burden on us as servient estate? Our lawyer won't commit to assuring us we will win.
We agreed to a boundary compromise in May, Consent Order that states Paragraph 3: " the reservation of right of way over a roadway east of River, as set forth between --- in warranty deed July 1955, shall continue in effect and be extended to include identical rights of passage over additional property now added to original (our) parcel. " We gained about 2 acres.
The original 1955 easement states " reserving unto the grantors ( neighbors property) free and uninterrupted passage along the road, now located on the lands conveyed east of the river, ( description) Said right of way be appurtenant to the lands owned by the grantors to the south (no legal description of neighbors property) conveyed hereunder and said reservation of right to run with the land in perpetuity. " ( In 1955 the property was only 10 acres and the further 70 acres was purchased in 1964. )
My question, would paragraph 3 in Consent Order change the easement to include lands purchased after 1955? They are threatening to reopen boundary case and easement. We're sick of this,but don't want another homestead driving through our property and affecting property values. I've been reading the cases you cited ( and more) and looks like we have a good case.
I have posted before on this issue, but it's getting more complicated. Default Re: When Does Easement Access Extend to Additional Parcels
New development: the neighbor has prepared an easement agreement stating that the boundary agreement Consent Order referenced a right of way over our property recorded in 1955 to be extended to the additional property now added to our original parcel. ( This was from the boundary dispute that we settled out of court. We gained about 2 acres. ) in their proposed clarification of easement tHey also state : whereas the parties acknowledge that the above referenced right of way extends to a limited extent from Grantees land (original 1955 parcel description) to Grantees contiguous land (second parcel description). They then say they will divide the parcels into not more than 2 parcels with only one more single family residence plus the existing cabin on the first parcel. My question is this: do they even have a basis.? We spoke with our lawyer and he seems to think we should settle for this to avoid court. They say they will reopen the boundary consent order. Are they just threatening us so we will agree? More traffic through our yard will certainly lower our property value, and our privacy and enjoyment of our property. Wouldn't this increase the burden on us as servient estate? Our lawyer won't commit to assuring us we will win.
We agreed to a boundary compromise in May, Consent Order that states Paragraph 3: " the reservation of right of way over a roadway east of River, as set forth between --- in warranty deed July 1955, shall continue in effect and be extended to include identical rights of passage over additional property now added to original (our) parcel. " We gained about 2 acres.
The original 1955 easement states " reserving unto the grantors ( neighbors property) free and uninterrupted passage along the road, now located on the lands conveyed east of the river, ( description) Said right of way be appurtenant to the lands owned by the grantors to the south (no legal description of neighbors property) conveyed hereunder and said reservation of right to run with the land in perpetuity. " ( In 1955 the property was only 10 acres and the further 70 acres was purchased in 1964. )
My question, would paragraph 3 in Consent Order change the easement to include lands purchased after 1955? They are threatening to reopen boundary case and easement. We're sick of this,but don't want another homestead driving through our property and affecting property values. I've been reading the cases you cited ( and more) and looks like we have a good case.
Execution of Deed: Does a Consent Order Over a Boundary Change an Easement
Aucun commentaire:
Enregistrer un commentaire