Real Estate Title Search

A Law Show Caller is asking for advice on what to do about an easement. The Law Show with Brian Dailey is broadcast every Sunday at 2pm.

Brian: Steve you called 866-66-LAWYER. Welcome to the Law Show.

Steve: Hi Brian. My question is another real estate question. I own a property; there is easement on the property on the north side of the property. Its a fifteen foot easement. Seven and a half foot is on my property, seven and a half foot is on the neighbors. The easement, it’s, it’s an ingress/egress easement for the farmer behind us, there’s a field behind us. I have permission from the farmer to go back this easement, to go fishing in the river behind me and stuff. The neighbor says I’m not allowed to use them, only the farmer. If the farmer gives me permission is that legal?

Brian: The easement is on his property, solely on his property?

Steve: No. The easement is fifteen foot, seven and a half foot of it is on my property.

Brian: Right.

Steve: Seven and a half foot of it is on the neighbor’s property.

Brian: Right.

Steve: And you have to drive on both of it basically to get back to lane, its 15CY.

Brian: Okay.

Steve: She says that I, if I have permission from him I still can’t use it, that I can only drive on my seven and a half feet.

Brian: Now let me ask you this. Were all 3 parcels the same?

Steve: No. At one time it was all one parcel and then it was sold off lots in the front and its farmland behind.

Brian: Yeah. My guess is, is…

Steve: So originally he owned all of this.

Brian: Right.

Steve: And

Brian: I, I, I think

Steve: farmer

Brian: I think that she’s probably wrong, but in order to figure that out you would have to pull a title search. We don’t have time for any more questions today and if you’d like to hold on, I’ll finish your answer after the show.