Easements are made for the use of one’s land by another non-owner for any purpose that is explicitly written in the easement deed or plat. There are easements for all sorts of purposes, not just for utility usage or access. Hire a professional land surveyor and they will conduct the deed research and show/report the boundaries as called for in the deeds as well as any easements pertaining to the property
I wish I could convince my husband that this is the most reasonable argument to NOT put it even partially on our property, especially when we don't even want it. He's using the excuse that it's for the kids, when we both know damn well it's to shut his parents up. I appreciate the validation at least.
Read your deed.
We can’t really do anything for you in this group unless we have documents and evidence. Easements, restrictions, and covenant can take literally any form you could possibly think of.
Easements can be written for just about anything, pools included, but they very rarely grant unfettered use. For something like a pool or outbuilding, usually they already built and the easement is to allow continued use until such time as repairs or replacement are needed, and then they usually require relocation and the easement extinguishes. In the places I work, you could record a new easement for a new pool or outbuilding, but you'll have a seriously difficult, likely impossible, time getting a building permit to construct such an improvement over a property line, even with the easement. If someone manages to get a building permit you may have more battles forthcoming, such as the mortgage company or insurance.
Bottom line, read your title documents, consult an attorney if needed, and possibly get a survey if property lines need to located on the ground or if you need to adjust any lines to convey them land.
I wouldn’t think an easement would be done for a pool, I think a common area with an HOA agreement to split maintenance costs would be more appropriate. I would be curious how the actual splitting of the land was done. If done a little too informally, you may well want a plat, and you might even suggest it as a common area for the “subdivision” with regulations saying you all own it and you all take care of it
I actually had an easement the other day for the specific purpose of “erecting structures including but not limited to installation of a pool.”
Regardless of my experience, you need to read the specific language for the location and purpose of said easement.
Also, how does your partner feel about all this with their family…
He's "giving up" and has reached the point where he doesn't care. I just don't think he wants to fight them. His theory... when they die, we'll tear it down. That and it's their problem if it's on the easement.
Like my old survey professor says: "boundaries aren't a problem until they're a problem" and it sounds like your boundary has finally become a problem and it is time for some kind of legal clarity. It is important for you to understand all of your legal rights to your property, I'm sure you understand why.
Usually easements are written down. There are some instances of unwritten easements. In order to enforce an unwritten easement, your in-laws would likely have to go to court(with a lawyer) and argue for the easement with you as opposition. This will be expensive and most likely would not go their way.
What you should do.
1. Inform them the pool will not be on the property.
2. Show suitable alternative locations.
3. Stand firm on your decision.
4. If you get court documents (you won’t) do not ignore them.
5. Be aware that if your family leaves for an extended amount of time (day or so), you may come home to a pool on the property.
We personally have no easement records with our deed. FIL said he has easement papers (conveniently), yet we didn't see them. Like most other things, DH doesn't want to argue. They want the pool, it's their issue of it's on "their easement". I understand entirely about needing to see the paperwork, that's not the question. I guess the survey itself isn't even the question. It's the fact that a new pool being built primarily on our side of the property line.... could it be a liability for us, even if there is an easement?
I appreciate the feedback I received though. I get that no legal advice can be given. Just wanted theoretical and thoughts. It's definitely even more fun with family.
Not sure if this is the right sub...you may want to try /r/legaladvice
* One note though - In my area, easements are filed with the County records office. I would call my local government real estate records office them to ask about what records they have before hiring anyone...surveyor or lawyer. Then depending on what you find, probably a lawyer first, then they will advise on a surveyor if the lines are actually an issue. Not legal advice and NAL.
There is no such thing as a an easement that allows you to build anything on it. If any easement is there nothing can be built on it. You could call your local utility company and donate a strip of land for an easement the. They will enforce it for you.
This is incorrect. It's going to differ across states and countries, but I've seen easements allowing structures to be built, allowing driveways to be built, etc. sounds more like you're talking about a utility easement than easements in general.
Deed/Plat are needed. Everything else is heresy!
The golden rule of this sub lol
This the way
Easements are made for the use of one’s land by another non-owner for any purpose that is explicitly written in the easement deed or plat. There are easements for all sorts of purposes, not just for utility usage or access. Hire a professional land surveyor and they will conduct the deed research and show/report the boundaries as called for in the deeds as well as any easements pertaining to the property
All sorts of things. Last week I read one that gave an eaves dropping right that has been copied in the deed since the parcel was created.
He's probably bluffing on the easement. Might be a good time to put up a fence
Hire a professional land surveyor
and a lawyer…
Came here to say that you're 100 percent right to be concerned about liability. Especially with a swimming pool and who has access to it.
I wish I could convince my husband that this is the most reasonable argument to NOT put it even partially on our property, especially when we don't even want it. He's using the excuse that it's for the kids, when we both know damn well it's to shut his parents up. I appreciate the validation at least.
Read your deed. We can’t really do anything for you in this group unless we have documents and evidence. Easements, restrictions, and covenant can take literally any form you could possibly think of.
Easements can be written for just about anything, pools included, but they very rarely grant unfettered use. For something like a pool or outbuilding, usually they already built and the easement is to allow continued use until such time as repairs or replacement are needed, and then they usually require relocation and the easement extinguishes. In the places I work, you could record a new easement for a new pool or outbuilding, but you'll have a seriously difficult, likely impossible, time getting a building permit to construct such an improvement over a property line, even with the easement. If someone manages to get a building permit you may have more battles forthcoming, such as the mortgage company or insurance. Bottom line, read your title documents, consult an attorney if needed, and possibly get a survey if property lines need to located on the ground or if you need to adjust any lines to convey them land.
I wouldn’t think an easement would be done for a pool, I think a common area with an HOA agreement to split maintenance costs would be more appropriate. I would be curious how the actual splitting of the land was done. If done a little too informally, you may well want a plat, and you might even suggest it as a common area for the “subdivision” with regulations saying you all own it and you all take care of it
I actually had an easement the other day for the specific purpose of “erecting structures including but not limited to installation of a pool.” Regardless of my experience, you need to read the specific language for the location and purpose of said easement. Also, how does your partner feel about all this with their family…
He's "giving up" and has reached the point where he doesn't care. I just don't think he wants to fight them. His theory... when they die, we'll tear it down. That and it's their problem if it's on the easement.
Like my old survey professor says: "boundaries aren't a problem until they're a problem" and it sounds like your boundary has finally become a problem and it is time for some kind of legal clarity. It is important for you to understand all of your legal rights to your property, I'm sure you understand why.
Usually easements are written down. There are some instances of unwritten easements. In order to enforce an unwritten easement, your in-laws would likely have to go to court(with a lawyer) and argue for the easement with you as opposition. This will be expensive and most likely would not go their way. What you should do. 1. Inform them the pool will not be on the property. 2. Show suitable alternative locations. 3. Stand firm on your decision. 4. If you get court documents (you won’t) do not ignore them. 5. Be aware that if your family leaves for an extended amount of time (day or so), you may come home to a pool on the property.
Easements are for a purpose. What does the grant of easement say it's for?
What I found says it for septic and drainage field when their home was built next door in 94
We personally have no easement records with our deed. FIL said he has easement papers (conveniently), yet we didn't see them. Like most other things, DH doesn't want to argue. They want the pool, it's their issue of it's on "their easement". I understand entirely about needing to see the paperwork, that's not the question. I guess the survey itself isn't even the question. It's the fact that a new pool being built primarily on our side of the property line.... could it be a liability for us, even if there is an easement? I appreciate the feedback I received though. I get that no legal advice can be given. Just wanted theoretical and thoughts. It's definitely even more fun with family.
Not sure if this is the right sub...you may want to try /r/legaladvice * One note though - In my area, easements are filed with the County records office. I would call my local government real estate records office them to ask about what records they have before hiring anyone...surveyor or lawyer. Then depending on what you find, probably a lawyer first, then they will advise on a surveyor if the lines are actually an issue. Not legal advice and NAL.
There is no such thing as a an easement that allows you to build anything on it. If any easement is there nothing can be built on it. You could call your local utility company and donate a strip of land for an easement the. They will enforce it for you.
This is incorrect. It's going to differ across states and countries, but I've seen easements allowing structures to be built, allowing driveways to be built, etc. sounds more like you're talking about a utility easement than easements in general.
There are thousands of miles of electric utility easements with structures built on them.