My question involves real estate located in the State of: Missouri
In short, I bought land that is accessed through an easement across the neighbor's property. It turns out the road we had been using to access our land was not the actual easement, so the neighbor who owned the property blocked our access. No one seems to be able to determine where exactly the easement is supposed to be located because the deed is so old and vague. Neighbor wrote up a new deed he wants me to sign that specifies where exactly the easement is, and it puts it in the location least burdensome to my neighbor, but not a very good location for me.
Facts:
Main question: If it is not entirely clear where exactly the easement is supposed to be, can the property owner specify where he wants the easement to be and place it in the area least burdensome to him, even if it is not necessarily where the easement was 80 years ago?
Sub questions:
I currently have no way of accessing my property, so I feel that my only option at this point is to sign my neighbors new deed and agree to the easement being where he wants it, so that I at least can start clearing out trees and building a road to access my property. Any thoughts or advice that anyone can provide are greatly appreciated.
Thanks!
In short, I bought land that is accessed through an easement across the neighbor's property. It turns out the road we had been using to access our land was not the actual easement, so the neighbor who owned the property blocked our access. No one seems to be able to determine where exactly the easement is supposed to be located because the deed is so old and vague. Neighbor wrote up a new deed he wants me to sign that specifies where exactly the easement is, and it puts it in the location least burdensome to my neighbor, but not a very good location for me.
Facts:
- I purchased landlocked property that has an easement across neighbor's land. It turns out the road I believed to be the easement is actually just my neighbor's old logging road, not the actual easement.
- The real easement has not been used for decades and is completely overgrown by trees. Neighbor blocked off the logging road, so I now have no way of getting to my property.
- The easement deed is 80 years old and is not entirely clear. It states that the easement is in the "southeastern quarter of the southeastern quarter" of our township section.
- County accessor and recorder of deeds are unable to determine where exactly the actual easement is supposed to be because the description is too vague.
- Neighbor drafted a new deed that he wants me to sign, which explains exactly where the easement is, and places the easement where my neighbor wants it.
- Neighbor claims that the last time the actual easement was used was when people still rode horses, and although he knows the general area of where the original easement was, he doesn't know exactly where it was and wants the easement in a new location that is most convenient for him.
Main question: If it is not entirely clear where exactly the easement is supposed to be, can the property owner specify where he wants the easement to be and place it in the area least burdensome to him, even if it is not necessarily where the easement was 80 years ago?
Sub questions:
- My neighbor wants the easement to be right on his property line. Is there any problem with that?
- We cleared out some bushes and brush on the logging road (which we believed to be the easement), and neighbor now wants us to pay for the "damages" we caused. Do we have any defense that we purchased the property believing that it was the actual easement? Further, how would we calculate damages when all we did was clear out some brush.
- The Easement is for only 40 feet, but the new location he chose has many steep hills and valleys. Do I have to build a road that is perfectly straight and goes directly to my property in a straight line, or can I build a road that avoids large trees/cliffs and instead follows the path of least resistance reasonably close to his newly designated easement location?
I currently have no way of accessing my property, so I feel that my only option at this point is to sign my neighbors new deed and agree to the easement being where he wants it, so that I at least can start clearing out trees and building a road to access my property. Any thoughts or advice that anyone can provide are greatly appreciated.
Thanks!
Creation: Can Property Owner Choose a New Easement Location when Location on Deed is Too Vague
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