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  1. #1
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    Mar 2014
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    Default Harrassment on an Easement

    My question involves a consumer law issue in the State of: Michigan
    I am building a house in a rural area. It is on .65 acre lot 100ft by 265ft
    There is an easement running along side it and over the back portion of it. It is an easement described in a survey of the neighbor behind me as "the described along with an easement for ingress and egress."
    That is the only documentation I have found other than what the bank found and that was that the easement was origianally created for consumers power company to service power lines.
    The neighbor behind using it wants to claim it is a "Private road." I believe not , especially since it crosses my property.
    They have gotten even more belligerent now by harassing my contractors and cement guy telling him he can not park there even when they are not in need of getting in or out. Also, there is a drive right next to that easement that they could use to go around but just want to be "Un - Neighborly"
    The property where I am putting my house was formerly owned by the Department of Natural resources of Michigan. That is why they were never challenged when using the easement. I am not challenging them using it. I am challenging there right to "Private" use of the easement.
    I have contiguous property and believe I have every right to use it also without being challenged or harassed !!!!
    Please advise. Thanks, Tim

  2. #2
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    Oct 2016
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    3,292

    Default Re: Harrassment on an Easement

    I can't find a single question in your post.

  3. #3
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    Jul 2018
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    Default Re: Harrassment on an Easement

    Quote Quoting t_bell40
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    Please advise.
    No one can intelligently "advise" you about anything (other than to suggest that you consult with a local real property attorney) without reading the documents relating to the easement. Are you thinking that folks here might have seen those documents?

  4. #4
    Join Date
    Oct 2006
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    15,661

    Default Re: Harrassment on an Easement

    Quote Quoting t_bell40
    View Post
    My question involves a consumer law issue in the State of: Michigan
    I am building a house in a rural area. It is on .65 acre lot 100ft by 265ft
    There is an easement running along side it and over the back portion of it. It is an easement described in a survey of the neighbor behind me as "the described along with an easement for ingress and egress."
    That is the only documentation I have found other than what the bank found and that was that the easement was origianally created for consumers power company to service power lines.
    The neighbor behind using it wants to claim it is a "Private road." I believe not , especially since it crosses my property.
    They have gotten even more belligerent now by harassing my contractors and cement guy telling him he can not park there even when they are not in need of getting in or out. Also, there is a drive right next to that easement that they could use to go around but just want to be "Un - Neighborly"
    The property where I am putting my house was formerly owned by the Department of Natural resources of Michigan. That is why they were never challenged when using the easement. I am not challenging them using it. I am challenging there right to "Private" use of the easement.
    I have contiguous property and believe I have every right to use it also without being challenged or harassed !!!!
    Please advise. Thanks, Tim
    If the easement language really says that it is for ingress and egress and does not say that the dominant tenant has exclusive use, then you also have just as much right to use it.

    However, you should really have a real estate attorney review the language of the easement and if appropriate, write your neighbor a letter about the situation.

  5. #5
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    Mar 2014
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    20

    Default Re: Harrassment on an Easement

    Quote Quoting llworking
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    If the easement language really says that it is for ingress and egress and does not say that the dominant tenant has exclusive use, then you also have just as much right to use it.

    However, you should really have a real estate attorney review the language of the easement and if appropriate, write your neighbor a letter about the situation.
    Thank You !! Yes, that is all that I have been given by my neighbor. A survey that describes their property (sw 1/4 of the ne 1/2 of etc.) and then it says "along with an easement for ingress and egress." I am talking to my attorney , I am talking to a mediation service, I am gathering as much information as I can.
    I contacted the sheriff office and asked if they could make these neighbors aware of what an easement is. I think they are unclear as to what the word means. The sheriff's office also said talk to a lawyer. Not sure why when you have a document that clearly states what can and can not happen. The sheriff office did sympathize with me in that he said "they have already called asking if it were legal for you to cut the trees on your property.?" I said "WOW !!" did they think I was going to build a tree house ?? And it is mostly her. The woman there is over the top. I'm not being chauvinist , I would be better able to deal with a man in this situation. You know, "Hell hath no fiery.......etc."
    But so, ya, I will talk to my attorney tomorrow and let him know I have talked to Mediation Services and they are ready to formulate a letter asking to sit down at the table and resolve this issue of "Easement Rights and Not Rights."
    Thanks for the intelligent response where appropriate.

  6. #6
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    Oct 2006
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    Default Re: Harrassment on an Easement

    Quote Quoting t_bell40
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    Thank You !! Yes, that is all that I have been given by my neighbor. A survey that describes their property (sw 1/4 of the ne 1/2 of etc.) and then it says "along with an easement for ingress and egress." I am talking to my attorney , I am talking to a mediation service, I am gathering as much information as I can.
    I contacted the sheriff office and asked if they could make these neighbors aware of what an easement is. I think they are unclear as to what the word means. The sheriff's office also said talk to a lawyer. Not sure why when you have a document that clearly states what can and can not happen. The sheriff office did sympathize with me in that he said "they have already called asking if it were legal for you to cut the trees on your property.?" I said "WOW !!" did they think I was going to build a tree house ?? And it is mostly her. The woman there is over the top. I'm not being chauvinist , I would be better able to deal with a man in this situation. You know, "Hell hath no fiery.......etc."
    But so, ya, I will talk to my attorney tomorrow and let him know I have talked to Mediation Services and they are ready to formulate a letter asking to sit down at the table and resolve this issue of "Easement Rights and Not Rights."
    Thanks for the intelligent response where appropriate.
    Personally, I do not think that mediation is appropriate in a situation like this one. This is not a case where you need to negotiate an agreement. This is the case where someone needs to inform your neighbors that they do not have the rights that they think they have, and that, in my opinion, is better done by an attorney.

    Also, when you were cutting down trees, if you in any way impeded their ingress or egress, then you would have been in the wrong.

  7. #7
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    Mar 2014
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    20

    Default Re: Harrassment on an Easement

    Quote Quoting llworking
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    Personally, I do not think that mediation is appropriate in a situation like this one. This is not a case where you need to negotiate an agreement. This is the case where someone needs to inform your neighbors that they do not have the rights that they think they have, and that, in my opinion, is better done by an attorney.

    Also, when you were cutting down trees, if you in any way impeded their ingress or egress, then you would have been in the wrong.
    Nope, all trees cut were on my property. So, no, I didn't block there ingress and egress. Also, there is another drive 10ft away running parallel and that neighbor would not have had a problem with them using there drive at all so, I don't know what their problem is.
    We were there a few years ago burning some brush. Forgot to bring a rake. Asked her if she (neighbor) had a rake I could borrow. She said "Ya, it's by the shed. Aren't you suppose to have 200ft of road frontage to be able to build where you are ??" I thought what ?? She questioning whether or not I can build ?? I just said "Well it would have been pretty stupid to have bought property I can not build on wouldn't it ??" So, that was one of our first encounters with them. Not "Hey sure you can borrow a rake or anything else you need. Welcome to the neighborhood." I know, what time period are you living in right ?? Back when, it seemed like neighbors got along and helped each other. My parents knew everybody up and down our street when I was a kid.

  8. #8
    Join Date
    Dec 2008
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    625

    Default Re: Harrassment on an Easement

    Quote Quoting t_bell40
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    The neighbor behind using it wants to claim it is a "Private road." I believe not , especially since it crosses my property.
    They have gotten even more belligerent now by harassing my contractors and cement guy telling him he can not park there even when they are not in need of getting in or out. Also, there is a drive right next to that easement that they could use to go around but just want to be "Un - Neighborly"
    Of course without reading the description of the easement this is just a generality, but in 'most cases' of an ingress/egress easement while you still have the right to use your property you don't have the right to block their passage across it regardless of when you 'feel' they have a need to! That equates to not parking in the easement!

    And if they use the drive right next to the easement to get around blockages you have created, then most likely they are trespassing on property they have no rights to. So maybe they aren't being un-neighborly so much as they are trying to defend their rights. Just like you are trying to do.

  9. #9
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    Default Re: Harrassment on an Easement

    Just out of curiosity, how much frontage do you have to have to build?


    The police are not going to intervene because they are not surveyors nor attorneys. They will not interpret the grant of easement nor will they establish your boundary line. The civil courts are the proper place to address your issues.

  10. #10
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    Mar 2014
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    Default Re: Harrassment on an Easement

    Quote Quoting yyz0
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    Of course without reading the description of the easement this is just a generality, but in 'most cases' of an ingress/egress easement while you still have the right to use your property you don't have the right to block their passage across it regardless of when you 'feel' they have a need to! That equates to not parking in the easement!

    And if they use the drive right next to the easement to get around blockages you have created, then most likely they are trespassing on property they have no rights to. So maybe they aren't being un-neighborly so much as they are trying to defend their rights. Just like you are trying to do.
    The easement was actually created back in 1947 for consumers power. How much do you think consumer power cares about they need to get in or out when they park their trucks to do work on lines ??
    And you have read the description. I have wrote it verbatim from the only document I have that they (the neighbors) gave me.
    Not sure why you insist that you do not know what it says ?? Weird

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