My Neighbor and I have Conflicting Statements About our Easement, Is this Legal?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

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