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Ingress Egress easement

Discussion in 'Easements & Right of Way Law' started by carkeys, May 25, 2022.

  1. carkeys

    carkeys Law Topic Starter New Member

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    Idaho
    We have a 30' ingress egress easement on our property to the property behind our house. The property is 3 acres and was split by the previous owner into ours and the one behind us. A developer bought the property directly behind us and is developing houses. They have tore up our easement and placed a water main through out our easement our deed only says its ingress egress. Her property also has an easement and she does have a utility easement on her property. How do I find out if the right of utilities flows to our property even though not in our deed.
     
  2. zddoodah

    zddoodah Well-Known Member

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    An easement is an inchoate thing that cannot be torn up. I assume you mean (literally or figuratively) that the developer tore up some unidentified piece of paper, but tearing up a piece of paper won't make the easement go away.

    Well...running a water main cannot have happened overnight. I assume that, when the work started on this, you took no legal action to prevent it.

    If there is a recorded easement, then it's a matter of public record. If there's an unrecorded easement, then the only way to learn about it is to get a copy from someone who has one.
     
  3. carkeys

    carkeys Law Topic Starter New Member

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    They have tore up the actual easement and put in a water main. We are still learning what our rights are to see if we even have a case to take legal action against them and stop them. we did consult with a lawyer and he told us we need to find out if the right of utitlities flows to our property because there is a utility easement on one property but not the other.
     
  4. zddoodah

    zddoodah Well-Known Member

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    OK...the developer "tore up" the land. As I wrote previously, an easement is an inchoate right that cannot be "torn up."

    I suggest you gather documents relating to the easement and consult with a local real estate attorney.
     
  5. OldSurveyor

    OldSurveyor Member

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    Another angle here is the common law concept of overburdening an easement.

    As express ingress-egress easements serve only a parcel or parcels specifically named in the original easement grant, the concept of dividing up a single named parcel into additional parcels created after the original grant, has been seen by many courts as overburdening the easement. In addition, parcels lying beyond, but adjacent to, a named parcel cannot automatically be served by an easement to that parcel.

    As the OP already seems to have legal representation, this basic concept should already be in play, if applicable.
     
    welkin likes this.

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