so, attempt to enforce the verbiage in the easement. Do you see anything in there requiring them to build and maintain a road? As I read it, the road is for the purpose of maintaining the ditch which means, it is up to them to build it or maintain it, at their discretion. If you believe otherwise, and since they have not been receptive to your demands, make your demands in court.cmre3456;619228]I'm not so sure. The fact that they put bridges across the ditch for the landowners to use, and to access via the road means to me that this part is also for the landowner.
You might win an argument they must remove the dirt removed from the ditch but I believe that is as far as you will get with the road issue.Also, when they trash the road by dumping dirt onto it from ditch cleaning, they are still trashing my property. I still own it.
agreedAlso, due to terrain, some of that mud runs down the bank and outside of the 30' - a clear trespass.
this has been happening for 75 years? Guess what: past practice with no formal complaints is going to go a long way in court...for them.Over about 75 years with annual cleanings, they dumped 500 yards of dirt on that road and over the bank. I know that sounds like a lot, but that's only about 7 yards per year and I have about 100 yard length of ditch. It took a cat, loader, and about 40 dump truck loads to remove their junk at a cost to me of about $5k.
You can't. You do not have the right to restrict them from the easement.What I need to know is what process to use to ask a court to allow me to put up a gate so I can control their actions,
go to court and seek injunctive relief demanding they remedy whatever you believe they must do.or to order them to cease and desist trespassing, or something.
I don't want to sue for money or I would have sued for the $5k which I probably should have.actually, you have more of a problem due to the fact they do this every year, for 75 years, and nobody has ever done anything about it.Because they do it every year, they should have a problem with SOL.
they likely won't bother. They will simply cut the lock and maybe remove the gate and let you sue them if you believe you have been wronged.Maybe I should just put up a locked gate and let them sue me. ??
what you need to do if you do not want to hire a lawyer at this time is attempt to start a dialogue with them. Coming at them in a fury is often rebuffed. You do get more flies with honey than vinegar in this step of the process. You can always escalate your actions and demeanor but going backwards doesn't happen. Contact whomever is in charge of these cleanings and speak with them about your complaint. Attempt to avoid threatening them with legal action. They are used to it and if they believe they are correct will simply tell you to go ahead and sue them.
You might also find out that they didn't really think there was a problem with their actions since nobody said anything about it for 75 years. They might actually agree with a proposal for reasonable demands.
their use of your new drive, which I presume is not part of the easement, is where you can make actual demands and expect them to be complied with. They have absolutely no right to use any of your land outside of the easement. If it was me, I would make it clear that such use was not allowed without specific permission from you which, at the time, is not given. Their use of land outside the easement is a trespass and can be dealt with in a civil court. It might be able to be dealt with in a criminal court IF the local prosecutor chose to take it on. I suspect they would suggest you seek civil remedies.


