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I am looking to purchase property on a lake. The ...

Sent to Legal Experts July 22 11:12 PM

I am looking to purchase property on a lake. The property fronts a dirt road that is private. It is about 160 ft wide and 500 ft long. The property across the street had a ROW, since the late 1800s.The ROW is 50 feet wide and extends the length of the property.This is what it says:The said ***** reserves for themselves, thier heirs, assigns and devisses a 50 foot ROW of passage through said lot. Said ROW having as it line of demarkation the aformentioned boundary line between and running from wood road, which goes to pickeral cove, nearly easterly to the pond.

The land has a stairway leading to the water with a small dock which is not in the 50 foot easement area. The easement area hasn't water access as it has trees and slope. The people have been friends with the previous owner and she let them use her dock. What I want to know is what does it really mean? With no water access what do they do on the property? Do I have to provide water access? Can you get easements eliminated?

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
July 22 11:18 PM (5 minutes and 37 seconds later)
         
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If the easement leads to the water, you must allow water access. Youmay certainly move the dock if it is yours and disallow its use. An easement runs withthe property and may only be eliminated by an agreement when it was voluntarily granted.

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state
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Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2109 Legal Accepts
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Reply
July 23 6:35 AM (7 hours and 16 minutes and 27 seconds later)
         
Reply to Lawmoe's Post: Just a clarification please

Since the easement leads to the water but there isn't any water access within the 50 ROW, due to trees, slope and a number of approvals neccesary. Would I have to remove trees, get permits and build stairs to give them access if I did not let them on the exisiting stairs which is not within ROW if there isn't any way to get to the water?
Customer (name blocked for privacy)
Answer
July 23 12:28 PM (5 hours and 53 minutes and 19 seconds later)
         
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Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2109 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.
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