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Old 10-08-2011, 11:10 PM
 
1 posts, read 1,026 times
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i have inherited 100 acres of land and in order to get to it i use my neighbors land. I have an easement. Now this land has never been used for anything, but i was thinking about selling some of the land in the back of property to my grandson, Would the easement to my property extend to my grandson. My neighbors say the easement is just to my property and if I sell the back part of it, than my grandson could not go through their property to get to mine to get to his?
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Old 10-08-2011, 11:14 PM
 
Location: Coeur d'Alene Idaho
804 posts, read 2,892,050 times
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I would be calling a Real Estate Lawyer first thing Monday morning.
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Old 10-09-2011, 10:03 AM
 
Location: The beautiful Rogue Valley, Oregon
7,785 posts, read 18,826,232 times
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Legal advice is definitely required - you may not be able to subdivide, either.
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Old 10-09-2011, 10:07 AM
 
Location: Salem, OR
15,575 posts, read 40,425,076 times
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Yes the easement is most likely just to your property. If you are allowed to subdivide the land, then you would need to renegotiate a new access easement with your neighbors for that parcel. That parcel would be it's own legal parcel with a different deed. The current easement runs with the title on your property not the newly created one.

You would need to negotiate with your neighbor, then have an attorney create a new access easement agreement which would be signed and recorded with the county when the new parcel is created.
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Old 10-09-2011, 11:17 AM
 
Location: Mountains of Oregon
17,635 posts, read 22,634,216 times
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IF your allowed to sell some of your acreage, by the state of Oregon, your grandson might have to cut a logging road on the backside of property. As others have suggested, talk to a lawyer.

Over the years i've talked to a few folks who said a relative was allowed to live on their property, due to hardship circumstances. I don't know the particular details. Perhaps DEQ can help you.
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Old 10-09-2011, 01:58 PM
 
Location: Myrtle Creek, Oregon
15,293 posts, read 17,681,555 times
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The neighbors may not be willing to give you another easement, but they might be wiling to sell you one. Offer cash. There would be some substantial expenses of surveying and recording in addition to whatever your neighbors accept. The results will depend on how they feel about a development behind their property, and how much they need the money.

However, before you do anything check with your local county planning department to make sure

1) The land can be divided, and

2) The parcel would be buildable if you create it.

Two separate questions, and both need a "yes" before you start spending any money. There are sometimes also restrictions on accessing multiple houses from an easement, so building one house back there may make the rest of your property undevelopable and reduce the value. You need to know the right questions to ask. You may come out ahead just selling the whole 100 acres to your grandson.
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