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Neighbor is Plowing Their Easement at Unreasonable Hours

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  • 12-31-2012, 10:33 AM
    Polc15
    Neighbor is Plowing Their Easement at Unreasonable Hours
    My question involves an easement in the state of: Westchester County NY

    I have an easement on my property for my neighbors that live behind my house. I am not sure why this easement is there as these people are not land lock, although my house is from 1918 so who knows what went on back then. First is there any way I can terminate an easement, I know they won’t do it. They are not nice people. My second question is can they plow the easement? They tend to plow the easement at 2AM - my bed room and my 2 year old son’s room is right next to the easement. I plan on pulling the older deeds as I don't see anything on my deed for an easement but I have a copy of their deed and that does mention an easement going thru my property. Could I charge them to use the easement? I am sorry for all the questions; I just don't know what to do. I do know my next house won’t have an easement on the property....

    Thank you....
  • 12-31-2012, 10:49 AM
    Lehk
    Re: Several Questions - Can I Terminate Can They Plow It Where Can I Find Laws
    You cannot unilaterally terminate an easement

    You cannot charge them to use their easement

    They may plow the easement

    If they are making excessive noise at unreasonable hours (such as 2 AM) file a noise complaint with the police or take them to court for that.

    I would start with a noise complaint to the police because you don't have to pay for that.
  • 12-31-2012, 10:49 AM
    Polc15
    Re: Several Questions - Can I Terminate Can They Plow It Where Can I Find Laws
    Thank you for your help
  • 12-31-2012, 12:54 PM
    Mr. Knowitall
    Re: Several Questions - Can I Terminate Can They Plow It Where Can I Find Laws
    Making a noise complaint is only viable if the noise is excessive - and usually only then if the police can hear it for themselves.

    Parking lots are often plowed at night. If it's a commercial plowing service, they get to a driveway when they get to it. If this is the neighbors plowing their own driveway, here's an idea: Ask them to plow later in the morning.
  • 12-31-2012, 02:48 PM
    Disagreeable
    Re: Neighbor is Plowing Their Easement at Unreasonable Hours
    Unless they are plowing nightly, even when snow is absent, I would extend the same logic used for trash pickup and road plowing, it happens at night, once in a while. Live with it.
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