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Road easement problems (long)

Yesterday's Tractor Forums
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Anonymous-0

Well-known Member
I had a 40 acre piece of land that I rent out. I bought it from a guy that the day after we signed a purchase agreement, turned around and wanted to change the agreement. He claimed he never agreed to the terms of it even though he signed the paper and took my deposit. Anyway the lawyers worked that one out and I got the land.

Before he sold it, he put an easment on it that was 33 ft. wide with restrictions that I couldn't put any fence, trees or structures within 100 ft. of the centerline of the easement. The easement was so he could get to his land which was next to it and originally part of the piece I bought. I later sold 6 acres to my son to build his house on.

The natural drainage across his yard went across this easment road. There was no culvert there to take the runoff so it always went acrose the road. A year ago this fall, the guy graded the road so it had a slite crown to it and added 5" of gravel which caused the water to sit on my son's yard. We decided rather than argue with him about building up the road, we would install a culvert to take the water. We didn't change any drainage patterns, just found the lowest spot in his yard and put the culvert in there.

Shortly after that we got a letter from his lawyer that we had violated the terms of the easment that says you cannot make improvements to the easment area without written approval from both parties. Then about a week later, he brings out more gravel and put it in that same area and now the road is a good foot higher than my son's yard. I had talked to his lawyer and explained what he did and that I didn't feel we had done anything wrong under the circumstances. Now today, the sheriff shows up with papers that he is taking us to small claims court and asking for $3499.44 for "balance due for culvert installed in easement which is not allowed."

I have had other dealings with the guy on this road and believe me, he is a nut case, but I have to deal with him. I am wondering how he can ask for money for "violating" the terms of an easment. We caused him no monetary damage. The road was put back to it's original condition and I actually thought it would be better to have it run under the road than over it.

Also, he put a property fence on the line that divides our properties. He brought it right up to the road and put a gate acrose so no one can get on his land. I told his lawyer he had to remove it as it was in violation of the easment that says no fences within 100 ft of the center of the easment. I might be on thin ice on that one being it is on the line but after reading the original plat papers, I found he ran the easement for 1300 ft. My property runs for 1295 ft. so it actually carries over 5 ft. onto his property. It wouldn't be a big deal but after all the run ins with him I am going for him to have to remove it.

He made the Xmas season real enjoyable for us all. I do have an appointment with the lawyer to see where I stand for sure or at least in his opinion anyway.
 
My solution in my teenage years would have been to take the backhoe and plow out all of his fence and push it in his front yard.

Nowadays, I would get the best lawyer I know, and go to claims court. During this, you can bring up a counterclaim which A) maintains your easement rights, and B) you reserve the right to place that CULVERT as a response to his ADVERSE actions on the easement.

I would assume that he can modify that easement in a way, but he can't do anything that impairs your ability to use that easement.
 
Why in the world did you let the sale go through with that kind of easement? It sounds like you were trying to buy it and he put the easement on the last minute. Should have backed out. You have bought a life time of misery. I never heard of a 200 foot wide easement for a cross-over road. I would never buy land that had a neighbor easement across it, unless it was down the edge and I could fence it off. Tom
 
Actually it is he who uses and needs the easment. It is across my land for him to get to his. I could care less if it was gone. The fence is at the end of my property so I don't ned to go through gates to get to mine.
 
Well, a couple points pop up....
If the easement he reserved prohibited just you and your successors from putting anything within 100 feet of it's centerline, that wouldn't limit him doing so, and it sounds unlikely he would've used language that prohibited him doing so...and:
In many places nowadays, if anyone does anything to interrupt, modify, change etc the flow of water, whether a running or intermittent stream, or storm runoff, and that change results in damage, disclocation, or loss of use etc of anothers property, the changer can be held legally liable. You may want to ask your attorney about this point (and I assume the lawyer you're going to talk to is yours, not his...while his atty may offer to work out a settlement, he has absolutely no resposibility to you; his loyalty and responsibility is to your neighbor, not you)...
(With Sympathy)
 
MSD, As an attorney I always enjoy reading all the lay opinions posted regarding these legal questions, some are pretty good while others arent so good. The best free advice I have to offer (as youre obviously already aware) is youre gonna have to consult competent local legal counsel and I suggest a real estste law specialist if any exist in your locality. I suggest you TO NOT have any conversatiosn with opposing counsel at this point. He is your enemy and NOT your friend and besides its NOT him that needs convinced, its the Judge and you may say or do something harmful to your case.

Generally speaking, one is not permitted by law to alter the natural flow and drainage of surface water to the detriment of his neighbors, but thats one of those things even for which a lay person has a natural understanding. As far as the law of easements, if the useage has been reduced to writing (what do the Deeds of conveyance or contracts state???), that's the place the law will start and fill in the gaps as and where required. Much of the outcome is going to be determined by the common law in your jurisdiction and the most likely answers will have to be found from a study of case law.

As far as rendering any professional legal opinion regarding your issue, it would require research in your locality since a good bit of such is most likely common law, NOT statutory in nature. Absent any legal research on my part your position and arguments certainly sound reasonable to me as an attorney and its your attorneys job to research the issue, apply the law to the facts in your situation, and then present his case to the Court so they decide in your favor, which is what we are trained to do from day one in law school. In the meantime the opinions of you or your adversary or the attorneys or other persons dont count for much, nothing actually lol

Have your facts and any documentation or other evidence in good chronological order when you visit your attorney is my best advice for now because theres not much you can gain from lay or even professional "speculation" at this point.

Best wishes n God Bless Merry Christmas to all

John T Attorney in Indiana
 
It is on the edge of the property. Putting a fence along it would be good but I would have to stay back 100' with it. I wanted the land to build myself and my son houses on and have extra room. You might be right about the life time of misery. The night we first signed papers with him, we meet at his house. We had a good visit with him and his wife. Shook hands after words and then it was like a different guy after that. I think what gets him going is the fact he sold the place for $1189 an acre and now 5 acre parcels for building on are bringing $90 to $100,000 real easy.
 
Check with the county. He may have put non enforcable conditions on the agreement. I think most places, around where I'm at, consider a property line 30ft. from the center of a road. If the road goes over the natural water course, a culvert has to installed. The road can't stop the natural drainage flow. Keep in mind if he takes a lawyer to court will cost him a bunch. I'd be doing lots of consulting with the counties public works and drainage departments. I've had some problems too dealing with stupid neighbors and sub divisions, as well as really stupid people in the county. Try to be really friendly with them especially. Good Luck. Dave
 
I'm completely out of touch on Small Claims Court, and States may differ, but FWIW the last I knew, atty's weren't allowed in Small Claims...the theory was that a Judge would hear the case and make a decision, saving the parties umpteen gazillions in atty fees (and time)...
That being said, there is probably a procedure to appeal, and the appeal probably allows atty representation; there may also be a request to consent to the SC Judge's decision being binding, without any appeal rights...
 
Seems to me if you can't make improvements like add a culvert, then he can"t add gravel and change the grade of the road, causing changes to the natural water flow.

Did he get written approval from you for the added gravel?

And why would he need a 200' wide easement?
 
As John T advised, most of our opinions are far from legal advice. But, just a thought. Do you have anyone in your area who lays drain tile? If so, tell him to do whatever regarding the culvert, let him take it out if need be, just bore under his road and put up 3 or 4 risers far enough back and a discharge far enough downstream that he would be left without a leg to stand on. DOUG
 
You probably have an easement which allows ingrees and egress to your property. That is, you have the right to enter and leave your property by crossing over his. If that's the case, that is all that you have. The 33 x 1300 foot easement belongs to the original owner lock, stock and barrel. He probably pays the property taxes on all the easement. An easement is not a private road. This is where the problem usually begins. Many think a granted easement is their own private road. It is not. The owner of the property would be well within his rights to spread gravel on his own property. On the other hand, he can't block the easement off or move or destroy it either. So, when you disturbed the easement to install the culvert, you were basically trespassing on the owners property, and modifying it without his knowledge or permission. It would be no different than if he came to your house and painted it in purple and yellow stripes while you weren't home. If he did that, would you want the damages paid for by him? Probably. Seriously, what he really may be concerned about is the easement "morphing" into a public roadway eventually. Your son now has a house there. You took it on yourself to add a culvert. Who does snow removal? I had a similar problem like this last spring. I own a property where a 1/2 mile long easement has been granted by me to 5 property owners with lots like your sons. I heard 2 of them were trying to get the township to grade the easement and do snow removal. Sure enough the township road grader showed up working the easement one day. I had to go run them off. If I allow them to do that unchecked on my property, one day I could run the risk of loosing it to adverse possesion, as a claimed publicly maintained road. And, yes, I had checked with my lawyer beforehand. These are things which concern property owners. But you have the right idea, for sure, go see your attorney.
 
It is unclear who owns the land, it sounds like you own it & he has an easement on it? You gave up 200 feet worth on the easement basically? Wow.

You said you will talk to 'the' lawyer, you need to talk to _your_ lawyer, not his. His lawyer is representing him, & talking to his lawyer is only a waste of time, & gives him more info than he should have. His lawyer will _never_ help you, & should be turned in if he would!

You will need to play the game, and have your lawyer send out letters about not building up the road, etc.

You are not playing the game, you were being practical with the culvert. Any judge will find you in error. You need to stop him from changing the road, etc. By putting in the culvert, you probably accepted the road, so too late now - that is how the game will be played.

Don't talk to his lawyer, don't build anything.

As you say, need to send letters & sherriff about no fence, no road building, damage for water in yard, etc.

It's a game, nut cases seem to have a lot of time to plot games. You need to join the game, not come up with practical solutions.

--->Paul
 
You have it backwards actually. I own the land that the easement crosses. He put the easement on the parcel I now own when he actually owned it. I pay the property taxes on it, receive no income from crop rental. He is the one that thinks he owns it, he spread the gravel and raised the road. The house that my son has does not use the easment for access. He gets on his from the county road that runs along the front. It runs along the outside edge of his property to the part that I own and continues on to the part the other guy owns. He tried to bill me for snow removal one winter when he was feeding cattle on his land. I had no reason to use the road, the farmer who rents my land was done for the winter, this guys was the only one driving on it and he wanted me to pay for his having to move snow to get to his cattle. I would gladly let it become a public roadway and let the county deal with it but they wouldn't touch it even if you asked them to. To show how stupid he is, there is another culvert on this road that was getting buried with sediment and the water was going over the road. There was also another one that was further down the road on his property that was the same way. He wanted to replace them, so I said ok, if we will split the cost. I had some estimates for doing the one on my property. He called one night and said I had to pay for half of his culvert also. Do you think I could convince him that his was his responsiblity? All he could come up with was that if he paid for half on my side and all on his he was paying for 3/4 of the costs. DUH! He went ahead and put them in and sent me the bill a couple of times along with his snow removal bills. I just tossed them upon the advise of my lawyer. State law says the party who owns the parcel of land that benefits from the easement is responsible for the maintance and upkeep of the road.
 
The first notice I got on this all was a letter from his lawyer that we had violated terms of the easment and had 30 days to plug and not remove the culvert. If I didn't respond in 30 days he was going to take me to court. I called his lawyer in response to the letter and at that time I told him that the guy had caused us to have to place the culvert by changing the roadway and I told him at that time he was also in violation with his fence. He said he would talk to him and get back to me which he did not. I have not and will not call or talk to him about it again.

The actual amount of the easment is 33 ft. The restriction or whatever you want to call them are that nobody can put a fence or trees or structure within 100 ft. of the center of the easment or in effect 116.5 ft. from the property line. When this was all going through the lawyers the first time, I was told he was going to put one on before closing. I got a copy of the purchase agreement from his lawyer with the terms of the easment with it. He actually had filed the easment 7 days before I had a copy of it so there wasn't anything I could do about it except walk away and I didn't want to do that.
 
like John T. says...
"Generally speaking, one is not permitted by law to alter the natural flow and drainage of surface water to the detriment of his neighbors"

What MOST people dont realise is that "altering the natural flow and drainage" without a proper permit from the US ARMY CORPS OF ENGINEERS is a FELONY.....YUP the A.C.E. has a topo map of that area that shows the natural drainage, if you change it without a permit they can put you in jail.
We just had this where a county engineer approved a pond to be built about 5 years ago, changed the drainage, was washing out the yard of the next guy down hill. He never got A.C.E. approval for it, they made the county fill in the pond and repair all the damage, and pay the down hill guy for 3 trees washed out. The county engineer and code enforcement officer both got big fines and fired from the county.

I suggest you go talk to your local A.C.E. guys..
 
The water always flowed across the road before he changed the grade. With the culvert, the water now goes under the road instead of over it. We didn't change anything else. On my son's side we dug down far enough to make a bowl for the water to get into the culvert. It acts as a collection point. My thought is the other guy was the one who changed the flow of water by causing the road to act as a dam causing the water to set on my son's property.
 
Sounds like this guy needs one of his legs broken. I know for a fact that you cannot change the natural drainage of land. (I ran into this years ago)
You neighbor is a piece of $hit.
 
Sounds like this guy needs one of his legs broken. I know for a fact that you cannot change the natural drainage of land. (I ran into this years ago)
You neighbor is a piece of $hit.
 
thats what i was getting to, HE created a DAM accross the property creating a pond. its a felony. (violation of federal law)

Creek accross the road from me, DEC (conservation dept) and county changed the route of the creek, even the STATE backed down from the Army Core of Engineers..
 
Well at this point you're going to court over violation of an easement none of us have actually seen.

There's no more use for good manners and other reasonable methods, it's a lawyer fight now. Hire one, and be prepared to fight to win.
 
Sure you can go talk to a lawyer,but that small claims court I dont think you can have a lawyer.Somebody like that is hopeing you dont show up at small claims court then he would win.Go ask a lawter what you need to do to file to counter sue him for building a dam in a natural waterway,and if he has any sense,he will stop.What might end up happening,and I am just guessing at this,is that they might come survey it and say a road cant be there.You say that guy needs the road,he may have to put it someplace else,maybe on sombody elses property.They could even put him in jail for blocking the flow of water.
If you are lucky maybe you can get a lawyer to write him a letter saying that he is going to be counter sued.Dont give any more info than you have to,obviously he is dumb or he wouldnt be doing this stuff.Do your home work,take a copy of where some case like this happened before and it was settled in your sides favor.Give that to the judge,lawyer like and when he starts ranting like a fool the judge should go your way.
Who knows the way things are nowdays though.The judge could be as dumb as he is,but not likely.That sherriff should have known better too.A sherriffs not a judge,but he should have told that guy when he came in there that it was only in his own best interest to shut the hell up about a culvert in a road.
He is going to loose sooner or later unless you give up,then he is going to be worse to get along with.
Dont roll over and play dead,save some money up to hire a lawyer if you need to.Make it as miserable on him as you can.
 
Someday you'll end up in court to determine what defines a 'shrub' from a 'tree'. :) That is quite an easement. Can you make hay on the ~90 feet, or grow row crops? Pretty much he has kept total control of the 116 feet. I understand, if a person wants it, one works with what is there.

It is a game, and he is sitting around the house planning the next move. Lawyers will love him, judges will accomodate the fine details of his games.

Wish you luck with it all.

My county has frowned upon easements for the past few decades, because they are such a problem.

--->Paul
 
That's pretty much what my plan is. Also my thinking on what he is up to. It only cost him $38 to file the suit, and another $50 each to have the sheriff serve the papers. The sheriff had to do that so I have no fault with him. So for a $138 investment, who knows how much he figures he could get back. I am putting together some of my own numbers for a countersuit. Another thing I found out is you can be forced to grant an easment to somebody that has 5 or more acres that is not accessable from a public road or IS NOT ADJACENT TO ANY PROPERTY OWNED BY THE PARTY WANTING THE EASMENT. He owns land next to this piece so he actually has access from his own farm. The only thing there though is he put the easment on while he owned the whole thing and then sold my part of.
 
(quoted from post at 20:49:28 12/19/07) I had a 40 acre piece of land that I rent out. I bought it from a guy that the day after we signed a purchase agreement, turned around and wanted to change the agreement. He claimed he never agreed to the terms of it even though he signed the paper and took my deposit. Anyway the lawyers worked that one out and I got the land.

Before he sold it, he put an easment on it that was 33 ft. wide with restrictions that I couldn't put any fence, trees or structures within 100 ft. of the centerline of the easement. The easement was so he could get to his land which was next to it and originally part of the piece I bought. I later sold 6 acres to my son to build his house on.

The natural drainage across his yard went across this easment road. There was no culvert there to take the runoff so it always went acrose the road. A year ago this fall, the guy graded the road so it had a slite crown to it and added 5" of gravel which caused the water to sit on my son's yard. We decided rather than argue with him about building up the road, we would install a culvert to take the water. We didn't change any drainage patterns, just found the lowest spot in his yard and put the culvert in there.

Shortly after that we got a letter from his lawyer that we had violated the terms of the easment that says you cannot make improvements to the easment area without written approval from both parties. Then about a week later, he brings out more gravel and put it in that same area and now the road is a good foot higher than my son's yard. I had talked to his lawyer and explained what he did and that I didn't feel we had done anything wrong under the circumstances. Now today, the sheriff shows up with papers that he is taking us to small claims court and asking for $3499.44 for "balance due for culvert installed in easement which is not allowed."

I have had other dealings with the guy on this road and believe me, he is a nut case, but I have to deal with him. I am wondering how he can ask for money for "violating" the terms of an easment. We caused him no monetary damage. The road was put back to it's original condition and I actually thought it would be better to have it run under the road than over it.

Also, he put a property fence on the line that divides our properties. He brought it right up to the road and put a gate acrose so no one can get on his land. I told his lawyer he had to remove it as it was in violation of the easment that says no fences within 100 ft of the center of the easment. I might be on thin ice on that one being it is on the line but after reading the original plat papers, I found he ran the easement for 1300 ft. My property runs for 1295 ft. so it actually carries over 5 ft. onto his property. It wouldn't be a big deal but after all the run ins with him I am going for him to have to remove it.

He made the Xmas season real enjoyable for us all. I do have an appointment with the lawyer to see where I stand for sure or at least in his opinion anyway.
Click to expand...
I would be sure to " keep " his lane clear or nails and or any other sharp objects that might puncture his tires or damage any vehicles he might own while using the lane... :lol: It would be ashame if anything like that were to happen to such a nice neighbor :D
 
I was thinking about this some more. If you're giving him the easement, it's for his benefit. You should look into seeing if you can drop the easement because he is abusing it and taking advantage of it. Hope you find a good lawyer. Dave
 
How can the lawyer be the one deciding the culvert has to be plugged and can't be removed? I know the culvert should be used for drainage but a lawyer isn't the one who determines how things are constructed. Check with the county, usually if something is done wrong , it has to be taken out. Dig the culvert out and leave a big trench across the road until everything is decided in court... 6 months later! LoL I think the guy is just trying to threaten you and found some shady lawyer who'd take his money. Dave
 
Well, I went to the courthouse today to check what was all in his suit. Seems he wants money from me for all the gravel he ever put down, the one culvert he changed, $250 a year for snow removal since I bought the place, hiring a blade operator to grade it and court costs. From my son, he wants him to pay $1300 in attorney fees. Oh, and by the way, for $1, he wants me to grant him a quit deed to the easment and he will forgive all the costs he is asking for. That would be fine but then, I would be using his road to get to my property and it all starts over. He says in his filing that he doesn't want to go to court so if I settle we won't have to. I still haven't heard back from my lawyer.
 
Well, I went to the courthouse today to check what was all in his suit. Seems he wants money from me for all the gravel he ever put down, the one culvert he changed, $250 a year for snow removal since I bought the place, hiring a blade operator to grade it and court costs. From my son, he wants him to pay $1300 in attorney fees. Oh, and by the way, for $1, he wants me to grant him a quit deed to the easment and he will forgive all the costs he is asking for. That would be fine but then, I would be using his road to get to my property and it all starts over. He says in his filing that he doesn't want to go to court so if I settle we won't have to. I still haven't heard back from my lawyer. Thanks for all your opinions on this, If nothing else it helps to prepare myself for the court date.
 
MSD, Like I told ya wayyyyyyy down below and as I expected you get tons of lay opinions on these legal question n everyone jumps out of the woodwork and with good intensions Im sure and they are indeed trying to help... Thats why I love this antique tractor hobby because the people are so good and willing to lend a hand. Of course, you still gotta go see your lawyer now to get things rolling so he can research your local laws and ascertain all the relevant facts, or your version at least, then try and convince a Court over to your side.

HOWEVER your last post is specific enough and I can enlighten you on a couple things..... The grant of an easement IS NOT the same as the grant of your real estate to someone else ..........BUT its the grant of a certain and limited right of use to another. If you grant him an easement you are NOT granting him your real estate. In addition, you can make a grant still subject to certain conditions and limitations in your favor. What Im trying to tell you is dont be afraid of granting an easement if drafted by an attorney you trust because such may settle the case???? IM NOT saying you should give him one, just trying to explain what it is mind you in a paragraph that really requires 50 pages to describe accurately lol

If he already has an easement he doesnt need one granted from you now!!!!!!!!! so your lawyer needs to know what was originally granted BE SURE N HAVE THAT INFO READY FOR HIM such as; Was there ever an easement granted or was one included on the past deeds??? Take him all the past deeds and any deeded easements!!!!!!!!! Absent a few very unique and limited situations, I see no reason for you to grant him an easement free of charge, perhaps if youre willing and it doesnt harm your interests you might come up with a price???

These type of legal issues are farrrrrrr to complex and much too fact and case by case sensitive to even think of being able to get any help here in a paragraph on a subject that can fill entire law libraries even from a professional so Im glad to see you have local counsel.

Best wishes now n God Bless n Merry Christmas

John T Attorney at Law in Indiana
 
MSD,

I am a land surveyor licensed to practice in the states of Indiana, Ohio and Louisiana. Coincidently, I live only about 1 hour from John T and belong to the same tractor club. My first suggestion, as may others have said, is to consult with a lawyer. My only addition would be to make sure you get a lawyer versed in property law.

The following are key elements to keep in mind:
1) The property upon which the 33-foot easement exists is part of the 40 acres you purchased and paid for. The seller has only retained an easement. The exact language used in the easement is critical. An easement is only valid for the purpose so stated. If it states the easement is for access and nothing else, then his use of the easement is limited in scope. You state that the culvert was installed in the "lowest spot in his yard". If the culvert was installed under the road which exists within the 33-foot easement, then it is installed in "your yard" not his. Unless additional language is present, an access easement only gives him the right to cross your property, not to occupy it and maintain it as his own.

2)Is there a statement in the purchase agreement or easement as to who is responsible to maintain the easement or who shall pay the cost of maintenance? In your post, you say that no improvements can be made to the easement area without written approval by both parties. If that statement is present, then he violated the conditions of the easement first by adding rock to the road without obtaining your written approval. Furthermore, he caused damage to your property by creating a barrier to the natural flow of drainage whereby it now ponds on your property which brings me to the next item.

3) In most of the states in which I have conducted surveys, some type of law exists with the intent that you cannot interfere with the natural drainage patterns if such interference will adversely impact neighboring properties. Therefore, before altering the elevation of the road, your neighbor would have been responsible for installing the culvert.

4) The restrictions are most likely valid. However, the wording is critical. In Indiana, no fences, trees or structures is generaly interpreted as no above ground features which would exist at a higher elevation than the natural ground level. No improvements would be used to describe not being able to do anything with the land such as no utilities, culverts, buildings, fences or anything else.

Under no circumstances would I quit claim him the easement. If so, you relinquish any rights to it, including the use of it, unless you retain an easement for yourself. If you use a different access to you and your son's property, then offer to sell the easement back to him. If you currently use the same access, you could construct a new access for you and your son and sell the easement to your neighbor at such a price to cover the land cost and the cost of your new access.

In any case, the exact language is critical as well as retaining an attorney that understands property law.

Good luck.
 
It is difficult to understand, but it sounds like you have no use for the easement for your own passings. If so, I would have my lawyer offer him a new clean easement of say 50 or 60 foot wide, to be fenced, all upkeep, maintenance, brush clearing, bush-hogging, grading, snow clearance solely to his account. Make the current easement mess null and void. Specify that this new easement will be fenced on your side, by your account and the other side will be to his account. Even if 60 foot wide for 1300 feet that would amount to on 1.8 acres of land, leaving you 38.2 acres and with no interaction with him of any kind. Over and done with. Life is to short to deal with this kind of neighbor. Chaulk this one up to experience. I would have run from the lawyers office at the closing meeting, without buying the land, but since that is history, then correct it right, one time and then move on. Tom
 
In the state of MD I don't think you can restrict the natural flow of water runoff. You need to talk to a good lawyer well versed in real estate law. Hal
 
I finally got to talk to my lawyer tonight and of course he needs all the papers I have. He said he has 2 cases going right now concerning drainage and is working with someone that specializes in that field.
John T-the easment says it is a PERPETUAL RIGHT-OF-WAY EASMENT INCLUDING THE RIGHT OF INGRESS AND EGRESS OVER, UPON AND ACROSS the property. It also says the owners of Tract A, which is his and tract B, which is mine are to share equally in the cost of snow removal and maintenance. And as I said before no improvements without approval of both parties. Now, SD Codified Law says that the OWNER OF SUCH ISOLATED TRACT OF LAND SHALL KEEP AND MAINTAIN SUCH RIGHT-OF-WAY AT HIS OR HER OWN EXPENSE. This would be the piece he owns and has the easment for access to.
I know all the opinions here are just that, and nothing will be settled here, but, if someone else someday runs into such a situation, maybe what is being said here will benefit them. Thanks again for everyone's opinions.
 
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