nataunae
11-10-2007, 10:12 AM
I recently bought 10 ac. plot from my brother, who owned it for 30 year (his piece of America). He was in the service for 32 yrs. and recently retired. The property was only visited 3 to 4 times a year. There are verbal, but no documented easement rights. The county says we have to have "easement title deed" documented. To access this property you drive through 5 plots on a private road. The owners of the road say the easement is implied since it has been used for this property since 1852, but will not sign ROW. The is a problem with getting rights, 1st plot owners are getting a divorce,
2nd is in an alzihmer nursing home with no Power of Att., the third is an estate (open since 1982) with 39 heirs (most unaware they are even heirs since the are by death of a parent), the 4th is a heir with ownership of his own plot (but is upset I'm make other heirs aware of their rights - when I tried to get written rights from everyone), and the 5th is reluctant to do anything the 4th does not agree to and 70 years ago this was part of his land.
I was told a quiet title suit might work. I contacted a lawyer in town and all he would say was "you don't want these people as neighbors bad things can happen to you" and laughed at me. The abstact deed has written "To Have to Hold the same together with all the rights, privileges immunities and appurtenant or whatesoever nature there unto belonging, unto the said 'owner's name' and to his heirs and assigns forever". This was a public land deed granted on Aug. 2, 1852. I was told that appurtentant was granting an easement, but I was also told it was just standard deed jargon. I've contacted another lawyer is a nearby town, but would dearly appreciate advice from this forum! Sorry this was so long, but after reading other threads I wanted to let you know as much info as I could.
2nd is in an alzihmer nursing home with no Power of Att., the third is an estate (open since 1982) with 39 heirs (most unaware they are even heirs since the are by death of a parent), the 4th is a heir with ownership of his own plot (but is upset I'm make other heirs aware of their rights - when I tried to get written rights from everyone), and the 5th is reluctant to do anything the 4th does not agree to and 70 years ago this was part of his land.
I was told a quiet title suit might work. I contacted a lawyer in town and all he would say was "you don't want these people as neighbors bad things can happen to you" and laughed at me. The abstact deed has written "To Have to Hold the same together with all the rights, privileges immunities and appurtenant or whatesoever nature there unto belonging, unto the said 'owner's name' and to his heirs and assigns forever". This was a public land deed granted on Aug. 2, 1852. I was told that appurtentant was granting an easement, but I was also told it was just standard deed jargon. I've contacted another lawyer is a nearby town, but would dearly appreciate advice from this forum! Sorry this was so long, but after reading other threads I wanted to let you know as much info as I could.
