Re: Problems with Neigbors
Start by talking to them.
Re: Problems with Neigbors
I have tried that, and all it does is end up in an argument, and they wont change anything. That's why I am here asking for advice.
Re: Problems with Neighbors
KP_2005
The person who holds the easement is the dominant tenant. You have no authority or power to do anything that would impede the use of the easement as granted.
There are certain circumstances where something can be done. For example if they are overburdening the easement in some way then you could take action that may result in a resolution that may allow you to address your problem. Overburdening the easement could be evidenced by drainage pipes, electric lines, sewer lines, phone lines or some other physical improvements placed by the dominant tenant on the easement that are not consistent with the use granted in the easement language.
This is just speculation on my part but it might be something to look into and go to a lawyer with.
I hope that helps.
Re: Problems with Neighbors
Quote:
Quoting
Deward Bowles
KP_2005
The person who holds the easement is the dominant tenant. You have no authority or power to do anything that would impede the use of the easement as granted.
.
I have found no supporting evidence either for or against a gate but in may states a gate, placed by the servient tenant, is allowed. While there is nothing to require the dominant tenant to close the gate, just the same, there would be nothing requiring the serviant tenant to leave it open. In many situations, a lock is even permissible as long as the dominant tenant has a key.
Again, nothing to require them to lock it but nothing to prevent the servient tenant from going out and locking it back whenever they see it open or unlocked.
Enough of stuff like this often gets the point across that a reasonable speed will cause the servient tenant to leave the gate unlocked and open and too much speed will result in the closed/locked gate again.
You seem to be pretty well versed on this easement stuff, Bowles, so I thought maybe you had some support one way or the other.
maybe landsurveyor as well.
Re: Problems with Neighbors
For JK
http://books.google.com/books?id=q0g...age&q=&f=false
(having trouble with link, go to page 28 of the book in this link).
As long as you do not impede the use of the easement as granted to the dominant tenant.
Re: Problems with Neigbors
thanks DB but I am having problems with that. I could read it that a gate would be allowed or I can read it that a gate may be an unreasonable interference.
I like to read it that a gate is not an unreasonable interference, especially if the rest of the yard is fenced and the deer tend to eat your garden.
a locked gate seems to be not allowed based on the trespasser comment but a closed gate would not restrict the granted use at all that I can see.
I would also see that speed bumps would be allowed as well as long as they do not cause damage. (some real tall abrupt bumps might be a problem)
kp-2005
beyond such an action, I would speak with the local prosecutor. Depending on how close the traffic is to your house, a prosecutor may see something as their actions being a careless act that puts your safety or your childs safety at risk.
Nuisance ordinances may play a part as well.
One other thing to look towards but I do not know if it is applicable in Michigan:
in many states, maintenance (the actual duty) is the responsibility of the servient tenant but the costs are born based upon percentage of use of any rights holder. As such, if you do not use the easement at all, you may still be able to maintain the easement and charge the dominant tenant. Since they like to speed, that is well documented to cause damage to a wet dirt roadway and as such, would require additional maintenance at their cost, hopefully.
Re: Problems with Neigbors
A relatively recent case, Bryant v. Albertie (PDF), outlines the law of gating rights of way in Michigan. Note that it's an unpublished case, meaning it doesn't have any precedential value. Contrast the similarly unpublished decision in Bosco v Adams (PDF). In both cases the key to the outcome was whether or not the trial court concluded that gating was within the contemplation of the original parties to the easement, with the Court of Appeals deferring to the trial court's finding. I expect a similar analysis would be made in relation to speed bumps, or any other impediment to clear passage.