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How easements can be tricky

Writer's picture: Justin SlivaJustin Sliva

Is every easement to a property a good easement? Some will say, "Yes! It gives you access." Technically, but can there be other obstacles when trying to add physical access to an easement? YES! The highway department will have certain requirements when building your driveways off the main road to your easement. This can include flat out saying NO on building! How'd I learn this? The HARD way...yes, bought a property, it had an easement to get you from the road to the gorgeous wooded riverfront lot, then the highway department changed their rules and decided 15 years ago to let the neighbor use the one highway entrance allowed some 300 ft down the road. So easement and a no-go on the building the driveway. Always check your easements and make sure you can turn legal access into physical access!


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