Legal Question in Real Estate Law in Indiana

easement agreement

My home was build in 1960 on a frontage road. There is 50 acres of farmland located behind my property. There is a easement that runs along the south side of my property that I use to get to my house. This easement is owned by the owner of the farmland. The previous owners of my home had a legal agreement to use this easement which is recorded. The owner with the easement agreement sold the property to another party then I bought the property in 1986. I have never signed an agreemnt with the owner to use this easement but have use it since 1986 with no complaints from the owner. Is the easement agreement with the previous homeowner still valid for anyone who owns the property? What legal rights if any do I have to this easement.


Asked on 10/20/07, 12:13 pm

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: easement agreement

Easements run with the land, not the person as long as the easement is used in a manner consistent with its origin.

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Answered on 10/20/07, 9:29 pm
Mark Voigtmann Baker & Daniels

Re: easement agreement

Based on the facts as you have stated them, it would appear that you have the right to fully enforce this easement agreement. If recorded, easements "run with the land" and are not specific to the particular landowner. It also may be possible (indeed likely) that you own what is called a "prescriptive easement," which is one that arises by usage alone and not with respect to any written agreement.

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Answered on 10/21/07, 1:19 pm


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