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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Angry Refused Access to Recreational Easement

    I live in a 15 house sub-division on a nice long cul-de-sac road on a pond. When these houses were built, we were all given deeds. There is an access road to the pond for everyone to use to get access to the pond. Anyway, the access road runs between two lots. On every one of the deeds, it states that everyone is allowed access to the pond by a right of way road (which is there) and everyone's deed also states that we are allowed 100 feet in from the water and 300 feet wide for "RECREATIONAL" use to the pond. One of the owner's property lines buds up against this "100 feet/300 feet recreational line. He is being a &*%*&$ and saying that this is his land and no one can use this "100/300 recreational space" for just that!! He has even put big stones on the access road to block people!! His deed reads the same as everyone else's!!! Can anyone help me with some good advice?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Refused Access to Recreational Easement

    Get together with your fellow aggrieved property owners and collectively hire a lawyer to send him a letter instructing him to stop interfering with your easement rights. If that doesn't work, you'll likely have to take him to court.

  3. #3
    Join Date
    Sep 2006
    Location
    Pennsylvania
    Posts
    7

    Default Re: Refused Access to Recreational Easement

    Where are you located? I'm going through almost the exact same thing...only it's one @#$@@!!! neighbor. He blocked our access to the river, etc. We contacted a lawyer.

    As of this moment, it's up in the air.

    Did you call the township/county or local court-house and see what the process is to enforce your rights to use the easement? Sometimes they can give you guidance in the matter.

    I sympathize. Most likely you'll have to get a lawyer. Good luck.

  4. #4

    Default Re: Refused Access to Recreational Easement

    Move the stones and tell him to bite rocks.

  5. #5

    Default Re: Refused Access to Recreational Easement

    I suggest you don't move the rocks. He is obviously a jerk, and moving the rocks will just make him mad and agressive.

    As previously posted, contact your township/county office and alert them of the matter. They can advise you what to do. If not, get together with the other 14 homes, and pitch in for an attorney - I doubt it will cost much for this matter, thus divided by 14 persons it will be very affordable.

  6. #6
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Refused Access to Recreational Easement

    I agree with the other posts. Sometimes a court can make a determination of whether an easement exists by simply looking at deeds; in other cases a prescriptive easement may have arisen by the public's use of the access for the prescribed necessary period of time under statutes to establish adverse possession.

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