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DanielS15 (Georgia)
Posts: 48
Posted:
Hello!
We have very small community with one major road road and two narrower secondary roads paved (others are gravel). My question concerns our easements. The original plat for the community was done in July 1988 and states a 40' easement (20' from centerline of the street/road) throughout the community. The CCR's were written in August of 1988 and state the easement is 10' from the sides of the roads.
Which would take precedence here - the plat or the CCR's. This is a pretty big concern to many of the property owners as, depending on which street/road they live on, the easement could be at their front door (we live in the mountains and some homes are built, by necessity, pretty close to the streets/roads. By using the 10' easement there could be as much as 4' difference from the 40' easement.

Thank you for your time.
BillH10 (Texas)
Posts: 1,217
Posted:
My recommendation is you seek the advice of a real estate or property law attorney who specializes in such matters.
MichaelT21 (Arkansas)
Posts: 501
Posted:
The deed you have will state which document contains the easement information. More than likely, you own (for example) Lot 1d per plat map 1234, and then the easement as defined on the plat map governs the easement width.

As Bill says, this information should be verified with an attorney.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The PLAT would take precedence.

The order of precedence is:

Federal Statutes
Federal Codes
State Statutes
County Codes
City Ordinances
Covenants Conditions and Restrictions
Articles of Incorporation
Bylaws
Policy Resolutions

The higher document always controls (has to be followed) unless they give control to a lower document.

That said, are the roads private, public or a mix?

If it's a mix (thinking the paved road public and the gravel roads private (i.e. who maintains them), then the 40 foot easement would apply to the paved road and the 10 foot easement to the gravel roads.

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