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  1. #1
    Join Date
    Oct 2011
    Posts
    2

    Default Easement Enforcement

    My question involves an easement in the state of: NC

    I have an easement with Duke Energy along my property line. I have been maintaining this 150' strip for the past ten years. It is the gravel driveway I use to enter my property.

    On several occasions, my neighbor, whose backyard backs to the strip has used the strip to dump his yard waste, park his family's vehicles when they have a party, etc.. The other day he approached me to say he had purchased an old shed, and that he was having it delivered to the easement. I clarified with him that that is not his land and it could not stay there. He questioned me why, then, do I used the land? I explained to him that I had an easement which allows me to be on the land, and pointed out that even still, MY own storage shed is NOT on the easement, but on my land.

    The shed has since been delivered. It sits facing me every day I pull into my home. I now see cinderblocks out there, and I can tell that this is not a temporary structure. He has moved tools and equipment into the shed, and has locked the door. I believe that he has placed it there because his Home Owner's Association would not allow it in his backyard, and he figured he could dump it there where he could access it, and for me to see every day.

    I have contacted Duke Energy to find out what my options are here as clearly he is encroaching and basically extending his land into my yard/easement area. The person I spoke to initially said that this was a property dispute between my neighbor and I, but, after insisting I speak to someone who knows about easements and enforcement, she put an order in for an engineer to look into it. They said I would be informed of their decision.

    For ten years I have maintained this land, and since this neighbor moved in a few years ago, he has neglected this land. I have purchased truckloads of gravel to be spread on this land, weeded, mowed, etc., while he has dumped on it. All of a sudden, he has decided this land is useful to him and he dumps an old shed on it and this is ok? What are my rights here?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,082

    Default Re: Easement Enforcement

    If the shed is not on your land, the primary issue becomes whether it interferes with your use of the easement. Does it?

    In most parts of the country you would need a building permit to erect a shed. I don't know if a permit is required in your community but, safe to say, there's no way your neighbor got a permit to put a shed on somebody else's land. If the shed was built without a permit, your local government may be in a position to order that it be removed.

  3. #3
    Join Date
    Oct 2011
    Posts
    2

    Default Re: Easement Enforcement

    Whose land is easement? Our paperwork shows "easement(s) TO Duke Power Company" which implies that the land is ours, right?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,082

    Default Re: Easement Enforcement

    We only know what you tell us. You previously implied that you had an easement over the neighboring parcel. If you are now stating that you own the land upon which the shed was erected, you can talk to a local lawyer about bringing an action for trespass and ejectment.

    Let us know who owns the land under the shed.

  5. #5
    Join Date
    Sep 2011
    Location
    Hudson Valley, New York State
    Posts
    10

    Default Re: Easement Enforcement

    Quote Quoting lividinnc
    View Post
    Whose land is easement? Our paperwork shows "easement(s) TO Duke Power Company" which implies that the land is ours, right?
    That would depend on whether the width of the easement on your property is equal to the width of the entire easement of a portion of the width. If you're unsure of where your property line is, I'd suggest hireing a Surveyor to Map it and set your property corners. If you find you own the whole area of the easement that may be enough to get your neighbor to move the shed. If he still won't, the Survey will give you a leg up with the lawyers and Court, if it gets to that.

    Then again you may find that the shed is on your neighbor's parcel. A Survey will tell you and is always a good thing to have.

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