Limits on the Use of Easements

**Peggy72837** · 06-07-2011, 03:37 PM

My question involves an easement in the state of: Arkansas I have land with a right of way down one side.. Do the people using it have the right to do whatever they want to the road. It is a dirt road that we keep clear. They talk about cutting ditches without our permission. and Now have taken up a cattle guard that was on the line we put in 20 years ago. Again after we said we did not want to remove it. They did it like theives in the night while we were at work. Do we have any options?? The road is clear and passable. We have never blocked it... I thought that was what a right of way was. Just letting them through and not blocking it. They act like they own it. Do they?????

jk · 06-07-2011, 04:03 PM

is there anything in the document used to create the easement in regards to allowed use, maintenance, or anything else?

removing the cattle guard is almost assuredly improper. Can you prove they removed it? What are your damages due to the removal?

as to ditches; is there some reason they want ditches or more importantly, need ditches? While you say the road is clear and passable, I can get a lot of places in some pretty rotten roads and as such, would have to consider them clear and passable. What is the real condition of the road? Is it rutted and pocked?

**Peggy72837** · 06-07-2011, 04:23 PM

It is a dirt road, not paved or graveled, but we get down it with no prob. in a small car that is very low to the ground..and yes the cattle guard is still on their prop. we will take pics. And I never saw anything about maintenance or up keep. Just right of way.. Thank you

jk · 06-07-2011, 04:34 PM

You should have called the police regarding the cattle guard.

You never answered why the others want ditches.

and do you and the other party use this roadway?

**Peggy72837** · 06-07-2011, 04:41 PM

yes we all use the right of way.. As tothe neighbor, he is a farmer and want to use his tractor anytime he can. and he says the ditches will help the water flow, but we put a deep ditch on the other side where the water flows and I have a fence on the other side. He would have to dig next to and under my fence. I also checked the title and the right of way says nothing about maintance or up keep. I double checked to be sure.. Thanks so much for your input. I feel put upon and stuck between a rock and a hard place.

jk · 06-07-2011, 04:48 PM

just tell him he does not have the authority to damage your property in the manner he is proposing and if he does, you will hold him liable for the damages.

**Peggy72837** · 06-07-2011, 05:00 PM

Thank you. I know I sound silly and angry but the truth is I am angry. We have been neighbors for years. He is older and thinks he is right about everything. and Truth is he is right a lot. but not this time. Makes me want to put in speed bumps... Thanks again jk