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Trying to find information about what obligations we as a landowner have regarding an easement across our land. The deed only specifies the creation of the easement, not any obligations as to the maintenance of it. Generally U.S. law does not require the property owner to perform any maintenance. I have not found anything different specifically for Hawaii.
This easement provides access to a landlocked property behind us.
Can anyone help us to find out this information?
Puna: Our roosters crow first
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Check the Title Policy that you received when you purchased the land. Look for the easement and read through it. It may tell you what your obligation is. If the entire easement is not in the title work, you may need to search the recorded documents at the court house. Depending on the time frame, it may or may not be online. If not, it will make for a fun day at the recorders office.
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We did that, the title describes the boundaries of the easement only. We did look it up in the recorded documents, but that just gives a description of the boundaries also. It also states "an easement for all uses", but that's it.
Puna: Our roosters crow first
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Interesting...Does anyone live on the landlocked piece of land?
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Thanks Kathy, but I think it's starting to turn sour. This neighbor has already erected a cable across the easement and we still don't have a key, tho' she says "It's on it's way". The easement is quite large 20 x 1500 feet, so the cost to keep it clear would be substantial. She will not be moving there for about two months and she expects us to have the roadway cleared.
Of course, we're off-island until we get back sometime in the spring.
Uggggg.
Puna: Our roosters crow first
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We have an easement over our property.unfortunately, we don't own it. According to the title company, we cannot do anything that would physically block access of easement holders, but we aren't required to do anything to improve or maintain that access, and easement holders have no right to physically improve the access without our permission.
David
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Sloppy work creating that easement! [
][
][
] You should call a real estate attorney for clarifications, but I can tell you the neighbors have no right to padlock the access easement!
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Thanks for your feedback as well, John and David! What riled me up today is she sent us an email stating we were obligated to keep the easement cleared and that it is now overgrown and must be cleared before December so she can start building.
We left a phone message with a real estate lawyer (1PM) that helped us before, but so far she has not returned our call.
I have spent several hours researching easement law and looking at cases. What I've read mainly confirmed what I already knew. I actually studied this quite a bit before we even bought the land.
Looking at the *bright* side.
Hey, at least we can serve as an example and a warning!
Puna: Our roosters crow first
Out of curiosity, what did you learn/confirm? And what were the on point cases?
I do not see why you would have a duty to maintain it by clearing it. You are barred from building in it or planting trees. What nature does to it should not be your problem; it should be hers.
She sounds high maintenance and uninformed.
I told myself I wouldn't buy another property with an easement, but I did (sort of, a shared driveway parcel). It's almost always a pain.
One bright side to look at is if her cars don't run right past your house. At my Hilo house they literally went by right along our carport and driveway where kids played, and we shared the same driveway. Be happy if you have some space between your main area and the easement, as it's very often not the case.
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You might consider emailing her back and inform her that you believe that she missinterpreted the relationship which the easment creates. ie. that neither party may create an obstical the inhibits the other's use of the easement, such as a gate or a parked vehicle blocking the easment, there is no obligation upon either party to maintain a passable roadway, only the oportunity to create one.
Work carefully not to start of an adversarial relationship.
Dan
