I do need a lawyer for this question, yes.
Sometimes I ask the list first because the list responds quickly and
sometimes knows stuff.
What you're saying here about giving rights to the same property twice
is exactly what I was thinking.
On 10/8/2015 8:54 AM, Lewis Bergman wrote:
You need a lawyer. My guess is that what you are calling a ROW in fact
is an easement in that you gave certain rights to the ROW owner. You
already "demised" the property so you can give the same thing again
you indian giver. Seriously though, you can't give rights to demise
the same property twice...as a complete guess from someone who things
he knows everything but actually knows almost nothing.
On Thu, Oct 8, 2015 at 7:49 AM, Adam Moffett <[email protected]
<mailto:[email protected]>> 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?
--
Lewis Bergman
325-439-0533 Cell
