Legal Question in Real Estate Law in Minnesota

Easement

In 1997 I purchased 20 acres. Part of this 20 acres is a 66'x495' piece that gives me access to the main road. We planned on putting up a fence along the border of the land. A neighbor informed while we were working there that we cannot put up a fence as it could hinder his ability to access his property because he has a easement on his deed, I asked him to show me the deed and I verified that he does have an easement. It reads as follows:

Grantor conveys an easement for ingress and egress to the grantees, their heirs and assingns over the... and it continues with the legal description of the 66'x495' piece of land.

This was the first we heard of this and when we approached the person who sold us the land he said he originaly gave the person an easement to the property because they did not have an access point from the main road. They now have access from the main road via there own property.

I have a few questions,

-Can I put up a fence and put in a gate to control where they has access?

-Can they cut down trees and clear land?

-If he sells the land to a non relative will the easement also transfer?

-Can I getr out of the easement since they now have access from the main road?


Asked on 10/16/02, 10:08 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Easement

That's a four part question. You need to consult a lawyer. (My number, buy the way, is 952-544-6356.) It's too much for Law Guru, but I'll take a brief shot at it anyway.

1. Interesting idea. I don't think you can do it. Probably would violate the easement.

2. Only if it is absolutely required to exercise their easment rights. If there's room to go around the trees, I don't think they can cut them down.

3. Yes. Most easements run with the land. Also, it would be unusual to not include it in the deed when the transfer of ownership is done.

4. Not unless it actually has some sort of clause in it that says it's invalid if other access becomes available. You might be well advised to talk with your neighbor about buying the easement back.

There's a question you are not asking that you should be. "Do I have a claim against the guy who sold me this land?"

Answer: Yes, probably, if he gave you a warranty deed which did not mention this easement as an exception. The warranty deed requires him to defend your title to the property. I would have to do a little research to be sure, but this guy could probably be required to either pay you for the diminished value of the property or buy back the easement from the neighbor

Your question would be a good one for a bar exam. It has all sorts of interesting nuances.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 10/16/02, 11:14 am


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