Does it make a difference if it's a public right of way? In that case
the landowner "owns" to the center of the road, but the county or muni
has a ROW 50' wide centered on the property line. Is that dramatically
different from shared driveways or other arrangements to make a driveway
to landlocked properties?
On 10/8/2015 9:35 AM, Chris Fabien wrote:
This would be largely dependant on the language in the initial
easement. And I think you are really talking about an easement on
private land, not a public right of way, correct? I don't see any
reason why you could not grant a second easement for someone to put a
utility pole next to a driveway. That seems like it would be a pretty
common situation. If you need to fix the road, you work around the pole.
Another common situation would be where there exists an access/drive
easement to an adjoining property owner, and they divide the parcel or
a property further back divides and wants to have access over the same
drive, you can grant those people an easement too over the same land.
It can get complicated regarding maintenance costs and who pays for
what, but that could be spelled out in the easement or a seperate
agreement (or not specified at all). We own property where several
parcels share a common private road and there are several different
batches of easements in place from various decades as the parcels were
split.
On Thu, Oct 8, 2015 at 8:49 AM, Adam Moffett <dmmoff...@gmail.com
<mailto:dmmoff...@gmail.com>> wrote:
If you've already provided a right of way through your property,
such as for a road or driveway, can you then sell an easement for
a piece of land in the right of way? Such as for a utility pole
adjacent to the driveway, but still in the right of way.
It seems like there could be a conflict here. If the party with
the ROW needed to work on the road, but the pole was in their way,
would they have a right to remove the pole?
