What type of easement is needed for a mortgage company to let me borrow a home building loan?

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I recently bought about 8 acres and to get to my 8 acres I must go through a gate that passes through someone elses land. The other person has 20 acres and to the south side of their land is a road that stretches the entire length from the front gate to my gate. On my warranty deed, there is no mention of this road being or having an easment. Instead there is a grandfather clause on that road and people with land behind mine use the road too. It passes through my land as well. My question is, if I wanted to get a mortgage loan to build a house, what type of easement will I have to get in order for the loan company to lend it to me. I’ve been told that there needs to be an easement in order to borrow money. Where can I get this easement from and do I have to involve the people infront of me in any way? Also, if I wanted to put an automatic gate in the very first entrance where the road begins, who do I have to talk to. Im willing to pay for it, can I just put it up?
There is already electricity there where my land is at because I have a security light I am currently paying for. Does this mean there could be an easement already, just not legalized on documents? What is a center line or center lying easement. I’ve been told that a surveyor can just shoot a straight line from the highway to my gate entrance and document it and this will be enough to get a loan from a mortgage company. How true is this?

  1. Reply
    Pastor Art
    May 15, 2011 at 1:22 am

    You need to talk to a lawyer in your state who is an expert in Real Estate Law.

    This is more complex of an issue for anyone to answer on Yahoo.

    Pastor Art

  2. Reply
    May 15, 2011 at 1:48 am

    Easements are granted by your county planning commission. They are the same people that would issue all of your building permits, so you need to get to know them anyway. You effectively have one, you just need it to be legalized. And of course you have to involve the people with the egress, the easement is on their land.

    Additionally you will need easements granted to the power and water companies, they can’t simply run wires above or below ground without them. Those easements may exist already, they planning commission will know and will give you a map showing exactly there existing lines/pipes exist.

    Unless you own the land where the gate will be you can not just put it up. You need agreement from the landowner and anyone else who also uses the road, and it sounds as if others use it as well.

  3. Reply
    May 15, 2011 at 2:44 am

    The easement must be granted by the owner of the property on which the road is situated. The lender will not consider giving you funds unless you obtain a legal easement.

    If you want to put any sort of gate up, and it’s not on property you own, you must also get legal permission (an easement) for such construction from whomever owns THAT land.

    You are advised to engage the services of a qualified real estate attorney to guide you in this situation. Hopefully, the owners of the land on which the road is situated will grant you an easement. If they do not, you simply own eight acres of landlocked land upon which you cannot build unless you pay cash.

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