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Easements: What Rights Do Property Owners Have Over an Easment

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  • 08-12-2011, 11:15 AM
    TiffanyCrum
    Easements: What Rights Do Property Owners Have Over an Easment
    My question involves an easement in the state of:
    My husband and I own our property. The neighbor has an easement over our property. The easement judgement states it may be of a width of 10-12 feet, may be graveled but may not be blacktoped without our consent. The easement shall be permanent and shall run with the land. The Court ruled that we were not entitled to an easement over thir property by adverse possession or prescritptive use. It also states the neighbors are entitled to use the easement over the property based on language in the deed from previous owners from 1976.

    My Question is even though he has an easement across our property is their any jurisdictions or limits to the easement. He owns a business and the easement was supposed to be used for his work trucks to get in and out to work. However he is having personal work done to a different lot that adjoins the lot that has the easement from and is telling workers they can cross our property at any time. He has his own private bridge for this piece but not the adjoining lot.

    Also when we came home from work the other day he had authorized a company to deliver a dozer and escavator to his property and they came across our driveway to get to his easement. However they parked the rig in the main road and trammed the dozer and escavator up our driveway and busted the paved driveway in three different places.

    Another concern is that this is an easement that runs in my front yard. I have to look at it every day and it is nothing but a huge mud hole with big ruts.

    So can we set weight limits, on the easement? Can we only allow the neighbor and his work trucks through? Should we be letting his workers driver their personal vehicles across the easement?

    Advice please!!
  • 08-12-2011, 11:23 AM
    LandSurveyor
    Re: Easements: What Rights Do Property Owners Have Over an Easment
    Generally, deeded easements serve only the parcel or parcels listed in an easement grant. Go back to the court order and 1976 deed and find out what parcel or parcels are benefited by the easement. If the neighbor is crossing the easement in order to access a parcel not listed, he may be trespassing or overburdening the easement. Without being able to read the documents, or know what state you are in, we are quite limited in responding.
  • 08-12-2011, 11:56 AM
    TiffanyCrum
    Re: Easements: What Rights Do Property Owners Have Over an Easment
    Understand.. What about the comapny that damaged our driveway, and the frequent use of his workers in personal cars going in and out. The easement states his name and his wife.
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