Make your own driveway. There will be less chance for any conflicts from the start and into the future. As for the entry columns, your easement rules may have something to say about that, but if you have 30' of width to work with and can put a beautiful column like those in the middle of the easement, go for it.

Your neighbor could build a matching third one if they like.

Take a look at your easement info- is that property yours, or is that really belonging to someone else, with the easement allowing you access? If it's really yours and you are allowing others access, you might have more options. If that's someone else's property and you are only allowed access rights across it, building structures or other more permanent hardscaping might not be an option.

If after you look into your easement info you find you got the space and the allowance to build in structures or hardscaping- I would build my own drive rather than sharing one.

Regarding the easement, it doesn't talk about entrances. The easement language says that it is for the purpose of access and utilities.

The situation is actually slightly more complicated. We actually own the underlying property on the right 30' of the 60' feet easement, fee simple. So we can do anything we want there. The left 30' we can still use but for the purpose of access and utilities.

I would be leery of putting the columns, or any other structure, on the easement. Is it possible to put the entrance, or at least the columns, on the property you own? It's not clear from your description exactly what the layout it.

Is this a flag lot? You own 30' to the right of the easement for what distance before your 60 acres?

If that is the case, put your road and grand entry columns out of the easement and on your extra 30'.

Would something like this be grand enough?

We actually own the underlying property on the right 30' of the 60' feet easement, fee simple. So we can do anything we want there. The left 30' we can still use but for the purpose of access and utilities.

So you and your neighbor both own a 30' strip of land, which combined, makes the 60' easement. Correct?

I'm not sure you "can do anything we want there" on the right side, as that is part of the easement. Just like you can use the neighbor's left 30', the neighbor can use your right 30'.

That means you couldn't put up a gate, block access, ect.

You definitely would NOT be able erect this "grand entrance" on the left side of the easement, since you don't own that land, and the easement only allows for "access and utilities".

The only way you could possibly do this is to build your own driveway on the right side. This assumes there is no easement language about putting permanent structures on the easement. For example, this "grand entrance" could block access if the neighbor were using the easement to bring in a doublewide/modular home/ect.

I would read the easement language very carefully. That is the only thing that matters.

OK, so the easement is a bit complex.

We own Government Lot #4 (40 acres) and Parcel B (20 acres). The easement holder is Government Lot #4, which we own, and encumbers Parcel A and Parcel B.

The right 30' in the picture is the easement to Lot #4. We can do anything we want there because we are both the easement holder and also own the underlying land. On the left 30', which crosses Parcel A, we can only use it for "access and utilities".

I'm in concurrence that probably installing an entrance monument on the left 30' would be outside the purpose of the easement, which means I could install it with permission of Parcel A. We're not on the best of terms so I would prefer to stay within the terms of the easement.

At least you own your easement, that makes it easier. Do you know what utility access is for you?

For example, my easement drive belongs to me, but for utility access (firelane is included) is a minimum of 12 feet wide. If I wanted to build something within that, not allowed. Since our original purchase, we have also secured the back property the easement was for accessing. Technically, I still can't build within that 12 feet because it's still legally an easement- though also legally I was able to close that drive since we still have our main drive. By comparison, the electrical easement on the other side of my property is only a couple feet wide- the literal space of the poles and transformers above.

If you aren't sure or guessing maybe after reading your language... your next trip is to your lands and deeds offices, whatever name they go by around you. They can tell you a bit more info of things like requirements of drive widths, or any ordinances on structures within your easement.

The terms of the easement may not allow any type of structure to be built on it.

Like I said, any "grand entrance" you build could NOT be erected on Parcel A, as that is not your land. So you can either put it on the right side of the easement, or on Parcel B outside the easement entirely.

But I have a question...are you certain that Parcel A's driveway is built entirely within the easement? If I owned that property, I would have built my driveway to the left of the easement, so I didn't have someone else using/tearing up my driveway.

If you own all of Parcel B, why do you feel the need to put your grand entrance and driveway smack up against the left side line? You can still run the utilities through the easement if needed.

Is this a normal lot set up in your land development and rural Montana? Have you asked about these entry kind questions here before? I feel like I have been through this same scenario in the past.

There is a giant rock, about 10x the size of the one shown, that blocks much of the easement as it traverses Parcel B, so it would be a lot easier to put a road up on Parcel A.

While I could dynamite and remove the big rock, it'd be preferable to leave it there as it is part of the fabric of the community.

I posted questions here about marking the property line that you responded to a couple years ago. My questions today are about what kind of entrance I can / should / could install on at the public road location though.

Good to hear. I thought I had been here before.

Part of a grand entry is the drive in. Make it nice. It doesn't have to be a straight line with all the land you have. I think you would be well served to drive around the big rocks and put the entry columns and the drive on Parcel B. Give the neighbor some privacy.

I forgot where we decided to put the fence.

I assume if the easement language is "purpose of access and utilities", and is for "Gov. Lot #4" only. Therefore I would reason only the owner of Gov. Lot #4 can use the easement only for those expressed purposes and not build any structure other than a road surface and utilities. In fact the owner of Parcel A may not be able to utilizes any part of the easement. I could be wrong, but I might be right.

Thanks Mark. I concur. My gut feeling is that creation of a grand entrance would be above and beyond the easement language. So I can do that on my own property or I can do that with permission of Parcel A, but not just do it based on the easement language. Thanks for your comments.

Why are you stuck on doing the driveway on the easement part? I think putting the entrance onto lot B and run it where you need to would allow it to be as grand as you wish with no constraints and not have the view of your neighbors drive as well which takes away some from the look you're going for.

It also means you can go around the boulder that is in your way on the lot B easement.

You could always put your grand entrance on the Gov parcel. With 40 acres, you'll have plenty of room. For example, you could put a straight road down the easement, ending in a wider, grander area on Gov. Parcel.

That said, easements are generally not permission to pave. Getting your neighbor to agree to pave a straight road might be easy if it gets muddy in the spring and fall, though.

Is it possible to route the driveway through parcel be AROUND the rock? That would be a lovely approach to your home, rather than straight.

Can you build a tunnel from your garage to come up from under the large rock?

Another question... where are your power lines placed? Do you have poles running up that easement? Or do they come in from elsewhere? I see poles at the end of your drive...

That might be the "true" line of what you must keep open and accessible- and just leave the drive on lot A alone.

I think a lovely curving driveway on Parcel B would be beautiful. Maybe start in the lower right corner and curve left then back to the right, setting up the view to the 40 acres at the back.

What if he wants to sell B someday?

Its an odd dilemma. I agree...wait until you are on the main property before you erect the monuments.