I am an architect and my client would like to build an apartment building on a residential lot zoned appropriately. The lot is long and skinny. The short side is on a busy street, the long side is on a private road. His property does not have easement rights to the private road. We want to write an "easement grant deed" and get the neighbor owner to sign it. What is the proper wording for the access he wants? So far we are calling it "unrestricted access including but not limited to ingress, egress and utility purposes." Is that enough to cover all issues related to the new apartment building and construction for access to the private road? ~ thanks
2 Answers from Attorneys
I would certainly make clear in the grant of easement that the users will be the multiple tenants of the apartment building, their visitors and tradespeople calling on them. This will avoid any possible future confusion as to the expected volume of traffic. If the grantor of the easement were to object to the portion of the proposed language reading "unrestricted access including but not limited to," this phrase could perhaps be omitted if the language regarding multiple tenants or words to that effect are added.
I have no idea and would not be able to answer that question without thoroughly reviewing the underlying transaction and the property. This forum is no substitute for that.
For example, does utilities cover electrical, water, sewer, and trash pickup, or just electrical? Will one or more of the utilities have to be accessed from a different side, and therefore a different owner and easement? Will those utilities be provided from the street side? Has the neighboring owner already agreed?