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flood easement

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#1 Carguy327


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Posted 22 January 2013 - 10:12 AM

have lake front property on a federal funded watershed project and a county park district governs it.Property owners have a set back from water of 100 + feet from water line, so park district owns the shore line up to the setback boundry.
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?

#2 Guest_FindLaw_Amir_*

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Posted 22 January 2013 - 10:23 AM

To learn more about easements, visit the Real Estate Law Center: Land Use Laws and read Easements. You may also read the LawBrain: Easement article as a good resource. You may want to consider signing up for a legal plan on Legal Street. For less than $13 a month, you can ask a local lawyer all the legal question you want to address your easement claim.

#3 kassounilaw.com



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Posted 14 February 2013 - 09:28 AM

If the easement has been recorded, it is a legally enforceable document. However, you cannot use your property in any way that would impede the rights of the Grantee. The government can argue that any proposed development within the setback would impede upon the government’s easement rights. I don’t always advise contacting a lawyer, but in this case I think you may benefit from an analysis by a property rights attorney or land use attorney.

Edited by FindLaw_AHK, 14 February 2013 - 09:35 AM.
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#4 Carguy327


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Posted 15 February 2013 - 07:04 AM

The specific issue that has brought this to a head is that the park district is harvesting timber around the lake within the setback. This is all being done in the name of sustainability and as a revenue source for the park district. They approached me to negotiate an easement across my land with the equipment to access the standing timber. I have advised them that the timber is on my land and not theirs, and as evidence of this fact I produced a copy of the easement, which they were a little shocked over, as the current management of the park district was seemingly unaware of any such easement.
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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