Home Forums Hunting & Shooting Hunter's Campfire ingress and egress easements can be tricky

Great-Grandfather gave a ingress/egress easement to a neighbor (Grantee and heirs) to access a hilltop that he wanted to clear for ag fields. This deed was entered in 1867 and it was a 1 rod wide easement and the Grantee must close the gates. There was continuous family ownership of the Grantee and heirs property until a year ago when the 320 acre property came up for sale. I was interested in buying it but my offer was topped.

Last fall I noticed trucks hauling gravel on what was the easement and stopped them, got the new owners address from the County Tax Lister officer, sent him a letter to call me. He did not like my bad news. G-Grandad put a clause in the deed saying that the easement is in effect until Grantee property is no longer owned by Grantee or heirs. The 1 rod easement reverts back to Grantor and heirs. He said that was news to him and I told him the abstract company he used should have noticed that in their title search. He immediately wanted an easement from me, but I told him I was not interested. Subsequently, I received a adverse possession petition and suit.

Did not have to go to court after the deed wording was disclosed. I am an heir of the Grantor and the deed is not transferable to anyone else.

The property went up for sale in March and I placed an offer and it was accepted. I flipped the farm house, out buildings and 200 acres and kept 120 acres with a old cabin. 80 acres butts up to my farm...prime Whitetail deer and turkey country.