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Legal Advice Needed Regarding Private Easement

  • 1.  Legal Advice Needed Regarding Private Easement

    Posted 09-22-2019 11:54
    I'm writing as chair of our county historic preservation board in the hope of connecting with someone on a bit of a legal question. The Monroe County Historic Preservation Board of Review is a stand-alone CLG and is not part of a unified government.

    We are dealing with a case in which a property owner of an LHD has an access easement pertaining to their property and adjoining properties that was drawn up in the early 1990s-the easement allowed land-locked business parcels access across the LHD. The LHD wasn't created until 2017 when the current owners elected to apply for HP Zoning Overlay. 

    Our County attorney and Planning director don't seem to be able to find the answer or come to an agreement on whether or not the more recent zoning applies-the Planning director has actually been looking at the easement as a means of forcing the owners of the LHD into having the private road widened and has not believed the Board of Review has COA oversight. That has become its own issue.

    Conversely, it has been stated by one of our board members that should the current owners of the LHD desire they could alter the easement and no longer permit access across their property, or that they have the right to alter the easement in any way that might make their property more safe and secure from the constant truck traffic they now experience. 

    The LHD owners and the Board of Review would so appreciate connecting with someone who has the appropriate title and experience who could review the easement and situation and potentially weigh in.

    Thank you,

    Danielle Bachant-Bell
    Lord and Bach Historic Preservation Consulting
    605 W. Allen St.
    Bloomington, IN 47403
    812-336-6141 H/ 812-360-6544 C

    Chair, Monroe County Historic Preservation Board of Review 
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    Monroe County Representative, Statewide County Representative Coordinator, and Board Member, Indiana Barn Foundation 
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