Easement through the barnyard?

[Alagirl]

While I was in Europe I looked at an old farm house. Among other things it has easement through the property on the deed for the property next door as emergency escape route. At the time this was established it was a family affair, but how do you deal with it buying a place like that. We are talking smack dab through the barn yard, past the front door with need for a key to the gate.

Would you consider buying a property like this? (Of course this would have to be reflected in the price, and a lot of other things, but that's beside the point)

BYW, I might have used the wrong term, but in essence the access from the neighboring property can't be denied.

[dmalbone]

No I absolutely would not. I don't care for what circumstances, but the only people that have access to my property are the highway/state people that have a 30' easement along the front of my property. That's it and that's all I would ever want.

[nightsong]

Easements (yes, that's the correct term) are actually pretty common. Anyone contemplating buying (and probably renting, too) property should check CAREFULLY for any. New ones can be created, too, by anyone who regularly crosses property.

[Bluey]

If I remember well, around here, if you have someone cut across your land regularly, unimpeded, for three or more years, it is considered a legal path and you can't then close them out of it.

That even applies to the neighbor's kids going to the school bus every morning across your pasture and by the barn.

A friend in NM bought some land and several years later, when she fenced the bottom pasture, she found out that it had been used by the local people to walk and drive between towns and, even if there was a highway now close by, she could not fence anyone out.
She had to leave two gates, one on each end, where people could go thru, not locked and just never got to use that pasture, afraid for her horses.
Only one neighbor had been using that to drive to town and he complained and that is when that came to light.

Silly, as he could have really easier gone to town on the highway.:confused:

[CatOnLap]

Unless the easement came with a considerable price reduction and until I have had a sit down with the neighbours over a few beer or a bottle of wine, I woldn't contemplate such an easement. Most easements are for things like access to a water line or electrics or such that cross the property, or for an established drive at the side of a property.
If the neighbours were nice and the easement was truly only for emergencies- like there is a forest fire coming from the other side and they need to escape, I might consider it.

I looked at one small 2 1/2 acre farm where along one side, the neighbour had thought his property line was 10 feet over from where it is. So he built a cottage for his son, which crosses the property line by about 6 inches- but the municipality said, you have to have any building 10 feet from a property line, so 4 or 5 years after the cottage was built (without permits) and the survey was done to sell the adjoining farm, the municipality enforced the rule, creating an easement cut out into the pasture of about 12 feet by about 60 feet, at no cost to the infringing neighbour, but the farm owner still has to pay the taxes on it! The infringing neighbour built an (illegal) 8 foot high solid fence on that new boundary so his son has a private backyard at the cottage now. If they had been nice people and agreed to pay a proportion of the property taxes, I might have considered it. But one glance over the high fence to the collection of car parts and beer cans convinced me.

[ReSomething]

The first thought in my head was Eff NO! There were some flood easements where I used to live where the fence had a locked gate, the gate was only opened when the water level got so high that the road went under and folks were able to drive through the gate and up to the next higher street. They were certainly beneficial to the community, and only used about every other year, but they still represented a burden to the property owner as the route to the next street could basically never be used for anything. It would have to be a truly special case for me to consider it.

[danceronice]

Depends on the easement--in this case, because it requires a gate key, I'd be inclined to say no.

[greysandbays]

I'd get a perfectly clear understanding that it is ONLY easement FROM the other property -- in other words, people could LEAVE the other property via the easement, but they could not ENTER the other property that way. If that is not the case, I'd pass.

Can easements be "bought out"?

Bluey, I expect that "one neighbor" still using that easement needed an unpatroled route home from the bar so he didn't get nabbed for DUI (or whatever they call it in NM).

[Alagirl]

It's an emergency escape route, so I doubt it can be bought out.
Luckily the property it comes of off is nice looking, not a junk yard, but we all know how fast things can change, and I know I can't buy 2 houses....:lol:

The property has some undeniable advantages (very close to family) and some humdingers of draw backs....but it's also far from the only option, and we are not in a rush...

[MistyBlue]

I could write pages to you on easements...but easement laws change from state to state and I can't even imagine what's what on an easement over seas.
If it's not the only option and does have humdinger drawbacks...I'd pass on that one just to be sure of not having future headaches.
But....you're moving to Europe? Which country? Sounds like fun...and probably involves some stress too I'm sure. ;) I joke with hubby that I want to retire to a farm in the northern hills of Italy. :D

[Chall]

Hire a local lawyer. Property rights are really, really different in Europe from the US and from eachother.

Okay French Cothers, this is what I have heard, is it correct?
France:
buy a farm that's falling down? Can't tear down and rebuild, you must restore it to its historical structure.
Property (land) is divided among all children (legal and "illegal"). Wives get nothing. If you want the wife to get something, sell the land while you are alive and give her the $.
Can't write a child of a will.
The French part I heard second hand, love to know if its true.

Sweden/Norway: anyone has legal access to your property, but no camping in site of your residence.

Switzerland [B]used to restrict land ownership to Swiss citizens only. Everyone else was allowed 90 years lease. This changed sometime in the 70's, right after women got to vote (in the 60s):lol:

[Alagirl]

If it's not the only option and does have humdinger drawbacks...I'd pass on that one just to be sure of not having future headaches.

It's a one hundred year old house, backing up to a hill with modern agriculture (mono culture: Wine) and it is empty, for at least 6 years now. Lot's of work


But....you're moving to Europe? Which country? Sounds like fun...and probably involves some stress too I'm sure. ;) I joke with hubby that I want to retire to a farm in the northern hills of Italy. :D

Time of denial is up, I gotta make track to the motherland, my parents are getting old and I am the only one they have to take care of them. Not to mention my Niece.

Germany, land of destination though I'd rather move someplace else...:lol: like Northern Italy sounds charming...or Coastal Wales.

(and of course the Euro is mega strong....)