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Owning a 30’ strip to property vs keeping a 30’ right of way/easement
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iseedit
Posted 7/3/2020 19:14 (#8352209 - in reply to #8352075)
Subject: RE: Owning a 30’ strip to property vs keeping a 30’ right of way/easement



central - east central Minnesota -

SteigerSt320 - 7/3/2020 17:58 What are the pros and cons? I have someone wanting to purchase some properly and they want to own the 30’ road to my property, which I own the road. They are wanting to purchase the land and own the road. For me to keep an easement/right of way. If I reserve a 30’ right of way/easement, I want it worded in deed that’s no restriction on row/easement, to install water or powerline to the back. No day or night restriction., key to gate, etc. Anything I should be looking for something to prohibit my access. Or would y’all keep a 30’ ownership to back property? And let the new owner get a right of way/easement. They new owners want to put gravel on my existing road and improvements. I also want to have no responsibility if they go crazy on enormous cost of road maintenance. But I would fix if I damage the row. I will consult my attorney Monday morning. This came about late yesterday evening. And most businesses are closed today around here. 

Wooded or hunting or recreational - I'd want the ownership of it. No way on an easement. While you can have all the langrage in an easement, when the time comes to gain access, because the owner has junked it up or fenced it off, or parked stuff on it and stops your access, or plants trees on it, so they hang over and brush out to impede your use, you will need to have a court or judge acknowledge the easement to get your access back. If you own it, with No Trespassing signs, all you need is local sheriff to enforce it. There have been 3 cases of Easement use (even with all the proper langrage spelled out in plan English) in our local county that required the courts to spell out the langrage and use to those that tried to block the users . . . . ..  I would own rather then allow use through an easement..  

I would want at least a 66ft wide legal road ownership strip of land, if it were mine. Never know when a league road may need to be put back to your land after you're gone (future) ?



Edited by iseedit 7/3/2020 19:17
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