Posted 22 January 2013 - 10:12 AM
I am unique in that I have a document saying that I actually own the property into the lake and have given the park district an easement up to the shoreline, measured at a level of sea level. The deed on my property is recorded on one date back in the 1970's and the easement was recorded some months later and states that as grantor I have the right to use land anytime in any manner.
Grantee has a perpetual easement for the purpose of temprary detention of any waters impounded, stored or detained at 610 sea level.
This property was purchased and the easement was negotiated by my father, (deceased) forty years ago.
Park district disputed that I had such an easement, my father however, always told me it existed. I just recently discoverd it at the county recorders office filed along with the deeds.
I have sent easement to park district director and I am getting some resistance. From what I have ,described, where do I stand on this issue? Are easements easily enforcable or can they be contested?
Posted 22 January 2013 - 10:23 AM
Posted 14 February 2013 - 09:28 AM
Edited by FindLaw_AHK, 14 February 2013 - 09:35 AM.
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Posted 15 February 2013 - 07:04 AM
my last correspondence with the director of the park was that their atty was still reviewing the documents and he didnt have an answer for me yet.
How long does it take to review a deed and and easement is my question?
It does not seem to me that me harvesting these trees over them harvesting these trees impedes the park districts rights of easement? There is a park district board meeting next week, and this issue will likely be a topic of discussion.
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