I am a property owner who gave an Access Easement to the original owner at the time of sale. In the Deed of Trust it simply says "access easement" followed by a page and a half of meets and bounds. There are no terms, conditions or instructions concerning who, how or anything else regarding the easement.
Three to four weeks ago my neighbor invited his daugher over who has been using the easement to walk her four "unleashed" dogs. Since then all members of my family have been subjected to very aggresive behavior from these dogs anytime we use a vehicle (bike, motorcycle, atv, etc).
I asked the daughter to please leash the dogs, she refuses. I asked the neighbor to deny his daughter access to the easement, he refuses.
I need to protect my family. Do I have the right to deny access to a person who an easement was never intended for?
Who has the greater right? The property owner or the person who has the easement? Keep in mind there is nothing in the closing documents that states what can or can not be done.
Is their a legal definition for an access easement? What exactly can the holder of an easement be allowed to do if the only thing that has been conveyed to the them is the term "access easement" followed by meets and bounds.
Thanks for any help with this.