Link to tax map of the parcel
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Logic tells me that the easement is across the top of the parcel but unless I am blind it would appear to be open for debate.
And also, The little thin strip that goes from Cassville Road to the subject property is not the easement.
The easement again, from an heir to the fella that called me.
Edit: Not sure why this was needed since it was originally written as a perpetual easement.
So is it safe to say that the 50' easement was never constructed? Kind of hard to see from the aerial photo.
Are easements in Mississipi required to be described? in Maine after 1976 you have to record a metes and bounds description of any new easements being conveyed or it does not provide actual notice in terms of conveying real estate.
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I have not been to the lot but I do not believe the easement was ever opened and now many years later the new owner is trying to determine where his access is. The written word is vague at best.
This is in Georgia
It is quite common down here to create and easement and never open it and just continue to use an existing family driveway. The banks require deeded access and an unopened undeveloped easement satisfies that requirement. HOWEVER, it causes all kinds of problems when the property sells and the new owners quickly discover that they have to build sometimes a 3000' access over the river and through the woods. That has been the source of a lot of problems.
Steve, sometimes you just have to make a decision (based on the best available evidence at the time) and show it on your plat.?ÿ Then just say, "Let someone prove me wrong".?ÿ Whether you actually say that or just think it is up to you.?ÿ I've had to do that and as far as I know it still stands as shown.
Andy
I have not been to the lot but I do not believe the easement was ever opened and now many years later the new owner is trying to determine where his access is. The written word is vague at best.
This is in Georgia
It is quite common down here to create and easement and never open it and just continue to use an existing family driveway. The banks require deeded access and an unopened undeveloped easement satisfies that requirement. HOWEVER, it causes all kinds of problems when the property sells and the new owners quickly discover that they have to build sometimes a 3000' access over the river and through the woods. That has been the source of a lot of problems.
Oops, I knew that, just looked at the stamp on the second post as I was typing the reply.
There is a gate and an old opening to Cassville Rd in the top right corner of the tax parcel you linked, so I think you are on the right track with saying it is along the top of the parcel.
If nothing was constructed could the servient estate claim the easement was abandoned?
Ok Fellas, I have been doing a bit of detective work on this and here is what I think (although I cannot as yet confirm) has happened.
I visited he property and it is rough, there are several old mobile homies on this property in various stages of rot that people still appear to live in. I believe that easement was intended to provide access through the property to all these mobile homes. Bartow County used to foolishly allow multiple dwellings on one lot and they would all be served via and easement. This has caused a lot of problems and they restrict that nowadays but I believe their is still the possibility of doing it.
Now usually the easement is well defined and is locatable but this one is vague and cannot be put on the ground without some parole evidence and a bit of reasoning. The easement cannot go across the top of the lot westerly towards U.S. 41 because there is a mobile home there. It cannot go easterly towards Cassville Road as the grantor of the easement did not own that property therefore he would not have been able to grant what he did not own.
However...??.there is the existing crap dirt and gravel drive and I am beginning to believe that the existing access was the original easement. And if you go to Google Earth and find the parcel and use the timeline feature you can see where a trailer and building used to exists on the subject tract and sometime between 1992 and 2000 it disappeared. It has since become an overgrown jungle and trash pit. Now in the old photo you can somewhat see the drive leading to the subject property. It is blurry but it seems to be present. It looks like some Vietnamese jungle right now.
But now here is another twist.
The original easement specified 50' wide. That is very wide for a simple ingressegress and I am concerned that the existing structures are within it.
I gave them an estimate and I am not gonna hold my breath but I feel like it might be doable. They are going to have to get an attorney involved to get a properly defined easement.
They got the property cheap.....I wonder why. I've got about 4 hours into this and I probably wont even get the bloody job but at least I wont make a foolish mistake.
J.A.S.,?ÿ As you probably already know and figured out, there is no way to place the easement based solely on the written document.?ÿ The only hope is have the parties tell you (and agree on) where it was historically used/placed.?ÿ?ÿIt isn't your job to now tell them where it is, your best bet is to facilitate an agreement on where the parties want it now.?ÿ Short of that, from what you've posted, there doesn't much else you can do.?ÿ Speculating will probably only create tensions and problems (if they don't already exist).?ÿ Put on your mediator hat for this one, or walk away.
