The Ins and Outs of Easements

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Land and the Law

Your questions just keep on coming.

By Jean Vernon

It is apparent from the number of letters we receive that easements are one of the most troubling aspects of living in the country. Easements, to define them briefly, are contracted agreements to use another person's land. Because country roads are so far apart, most country dwellers find themselves concerned with easements in one way or another. Problems occur because many people don't understand their rights and obligations under easements and often tread on the rights of others. When purchasing property, either with an easement over it or served by one, be sure you understand the relevant state laws. Don't rely on the advice of neighbors and friends since many people hold strong beliefs regarding easements but don't know all of the facts. If your realty agent can't give you clear concise information regarding easements, ask him or her to direct you to someone who can.

I purchased 27 acres in the woods. I own and pay taxes on a 26' stripof land that leads to my property. This strip of land is also an easement for 5 houses and 2 fields that don't belong to me. The road that is there now is only wide enough to fit one car. I want to put a road there that is wide enough for two cars and I have 26' to do it with. My neighbors are all telling me that they all own the road in front of their house and I cannot widen the road because it will be in their front yard then. What they are claiming as their front yard is part of the 26' I own. What can I do?

—Brian EspenschiedFayetteville,AK

Since you actually own the land the road is on, you probably can widen it without permission from your neighbors. On the face of things, it appears the neighbors shouldn't have extended their yards onto your land. They simply have the right to drive over your land to reach their property. It might be a good idea to check with an attorney to make sure none of the neighbors can make a claim to any of the land through adverse possession. The attorney can also tell you if there are any state regulations that affect your proposal.

Another consideration: do you want to widen the road to handle increased traffic due to a proposed development on your land other than a single family residence? If so, you should check your deed(s) to make sure there are no restrictions against your intended use of the land or the road. You should also check for local prohibitive zoning, probably at the county level.

This is a perfect example of easement users misunderstanding their rights under an easement. A word of advice: as a courtesy you may want to provide proof to your neighbors that you actually own the land before commencing any roadwork. You may also want to weigh the benefits of a widened road against the possibility of living with the resentment of your community. Cultivating good neighborly relations is always a prime quality of life consideration in the country.

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