Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Sep 2011
    Posts
    20

    Default Use of Recreational, Farm, and Lawn Equipment on a Right of Way

    My question involves an easement in the state of:wisconsin I would like to know if I can eliminate the use or driving of motorized equipment,such as atv snowmobiles ,lawn equipment,tractors and other misc, things across my property. I am the land owner of a 200 ft long driveway. My neighbors have an easement with no language about maintenace ,or anything, easement very simply states egress, degress over existing road. Neither one of them own any property or farm land, outside their easement. They have been told for liability purposes that I would not allow them to use their equipment on my road.(but the real reason is I prefer licence, bonded, insured, work done-less stressfull) I do not now or would I even try to restrict normal modes of transportation, of any kind but would like the circus to end. Thanks in advance for any help.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Use of Recreational,farm,and Lawn Equipment

    What "circus" are you referring to?

    It's unclear about what exactly it is you would like them to stop doing.

    Are they:

    - Joyriding on the easement?
    - Mowing and maintaining the easement?
    - Going to the mailbox and back on a tractor?

    In general, ingress and egress mean to come and go; on a driveway such as yours this typically covers motorized vehicles as well as pedestrian access.

    If your neighbors are destroying the drive with their equipment, you might be able to argue that they are overburdening the easement, and should only use vehicles (automobiles) that would typically be used on a drive like that one. A local Wisconsin Real Estate Attorney can best answer the question of overburdening the easement.

    Have you been repairing the road? State laws vary, but in general if there is no maintenance agreement then the responsibility for that maintenance can possibly fall on the shoulders of whoever performs the maintenance. So if it were me, I'd attempt to get my neighbors to sign a maintenance agreement. Again, consult a local Attorney on this one.

    I once had a client who was in a similar situation. They could not get the neighbor to agree to maintenance, and the condition of the drive got worse and worse. It sounds ridiculous, but he decided to wash his hands of the whole situation and build himself a brand new drive. He stopped using the easement, and couldn't be happier now. Obviously this is an extreme solution, and one would need to have the resources to build a brand new 200' road, not an insubstantial cost.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Use of Recreational,farm,and Lawn Equipment

    If the neighbors own no property or farmland, but only an easement for ingress and egress, what possible purpose or parcel could the easement serve?

  4. #4
    Join Date
    Sep 2011
    Posts
    20

    Default Re: Use of Recreational,farm,and Lawn Equipment

    The easement goes to 2 residental lots directly behind me. they use the easement to come and go to their homes. When I stated they had no property outside the easement I was trying to explain that they had no reason to drive across my property to farm or cut grass or any thing else with any tractors or riding lawn mores(this is more of a recreational thing for them)

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Use of Recreational,farm,and Lawn Equipment

    The easement goes to 2 residental lots directly behind me. they use the easement to come and go to their homes.
    If you want to restrict this use, you will need to get a local attorney who can read the actual granting language of the easement and advise you.

    We can't read that here and the original question about the "circus" issue, which was a good question, has not been answered. Characterizing the supposed abuse as a "circus " will not likely work for you in court. You will need to provide much more specific evidence, with video and/or witnesses, and it will have to be an obvious abuse of the easement. A search of this forum will probably give you more detailed information.

    1. Sponsored Links
       

Similar Threads

  1. Privacy: Can a Doctor or Hospital Ask if You Use Recreational Drugs
    By mysticide in forum Public Health and Welfare
    Replies: 6
    Last Post: 09-24-2010, 09:25 PM
  2. Trespassing: Michigan Recreational Trespassing
    By Dannn in forum Criminal Charges
    Replies: 7
    Last Post: 09-15-2010, 04:08 PM
  3. Trademarks: Infringement When Reselling Electronic Equipment Or Modified Equipment
    By warren in forum Intellectual Property
    Replies: 2
    Last Post: 03-27-2008, 03:06 PM
  4. Passage For Farm Equipment To Landlocked Property
    By Farm Lady in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 12-12-2007, 08:44 AM
  5. Refused Access to Recreational Easement
    By Irishboy in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 09-13-2006, 10:56 PM
 
 
Sponsored Links

Legal Help, Information and Resources