As my lawyer assays though. You can put anything in a contract. Maybe you restricted the ROW to the point you retained the necessary rights. No offense to lawyers but I haven't met one that could read any better than me. They are good about finding things you want to do but are patently not enforceable or other general "I know the law and you don't" type situations.
I know some people that think layers have some magic wand that they can wave to divine what you want and devise a contract to get it. Just doesn't work like that. On Thu, Oct 8, 2015, 7:56 AM Adam Moffett <[email protected]> wrote: > 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]> 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 > > >
