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DO I HAVE TO GIVE A EASEMENT OR CAN I SELL A EASEMENT AND RETAIN PROPERTY RIGHTS?

I own 40 acres and the owners of two 40 acres plots have no easement rights. (Two different owners on the back two 40's.)  Do each of them have to buy a easement from me or can one of them buy a easement from me and the other one just use it.  Or if I sell one of them a easement and still retain the property rights,and put in the contract that the easement is just for her and not for him. Does the other owner  have to buy a easement from me also. If I sell the property for the easement to either of them do I have to sell it for the appraised price or can i ask a slightly elevated price for it since it is land locked. My Dad gave my cousins a right a way and the county put what looks like a interstate down through the center of his 40 acres so they did not have to fill in a low area on the property line which would have been the right thing to do on the Property Line . Instead  just taking 50 ft x 1320 ft of property for free. And leaving the worthless wetlands that nothing can be done with. But thats family for you. If anyone has any suggestions I would love to hear them.  Thank You.    EASE ME NoT.    
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March 12 2013 - Lucedale
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Answers (2)

The rights of people with landlocked land and as to which property they can cross to get to it, can get interesting so I will leave that for others. But you might want to consider if you grant them an easement across your land in an area and in a way that is convenient and useful for you, you will not have to worry that  a court may take part of your land to give them access particularly, a part you would like to keep for yourself
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March 15 2013
This is a great question.
 
An owner of a landlocked, access-free property can go through the court system and legally gain access (i.e. an easement) across an adjacent tract of land that gives them access to their property. The court will typically award monetary damages to the owner whose land will be used to access the landlocked property.

Be aware that adjacent property owners who have been accessing their properties across yours for a time may have already have the legal right to continue to use the access.

The info here may answer some of your additonal questions http://en.wikipedia.org/wiki/Easement.
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March 14 2013
 
Related Questions
DO I HAVE TO GIVE A EASEMENT OR CAN I SELL A EASEMENT AND RETAIN PROPERTY RIGHTS?
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March 15 2013 | 2 answers
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