My Neighbor and I have Conflicting Statements About our Easement, Is this Legal?
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Summary
My deed states that an adjacent landowner has a strip beside my property that is “as wide as a road”….their deed says a 60 foot wide strip. In 1924 the two deeds said the same thing, but the next time the land changed hands, the 60 ft. was specified. Since it was not recorded on both deeds, can this be legal? |
“My deed states that an adjacent landowner has a strip beside my property that is “as wide as a road”….their deed says a 60 foot wide strip. In 1924 the two deeds said the same thing, but the next time the land changed hands, the 60 ft. was specified. Since it was not recorded on both deeds, can this be legal? If so, it seems that anyone could add details or extra feet. They are claiming they intend to fence where my shed stands, because they own this property. I was told by a lawyer several years back when I purchased the land, that indicating “as wide as a road” would mean no more than 20 feet.”
Generally, no, you cannot change the terms of an easement without the agreement of both parties. “As wide as a road” is, unfortunately, a bit vague, so you could be in for an argument as to just how wide it is, but I agree, few private driveways are anywhere near 60 feet wide.
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For more on this subject check out these categories: Property, Next Door Neighbor Issues, Easements
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
