Legal Question in Real Estate Law in Indiana

easement agreement

have a perpetual easement agreement for use as a driveway to my house. The agreement states the easement is exclusively for the use of the Grantee and the Grantor. The Grantor plans to sell his property which is located behind my home, to a developer for a residential subdivision. The developer plans to use this easement for a emergency vehicle access into the subdivision. The emergency vehicles would have to enter my driveway easement to get back to the subdivision and would be within three to four feet of my property line. Would this be in violation to the agreement between me and the present owner? With the agreement between me and the property owner does the new owner have a legal right to use this easement in this manner.


Asked on 10/20/07, 11:22 pm

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

Re: easement agreement

Easements are case specific. You need to hire an attorney to review that easement.

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Answered on 10/21/07, 5:55 pm
Mark Voigtmann Baker & Daniels

Re: easement agreement

It may be that the developer would have this right, but it is also possible that it does not. I would need to see the easement agreement to be sure. Whether or not I am able to provide advice to you would depend on the identity of the developer (and your own identity), both of which I would need to know to be able to check for any conflict of interest.

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Answered on 10/21/07, 1:23 pm


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