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  1. #1
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    Aug 2020
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    Default Can I Fence in Easement Road

    My question involves real estate located in the State of: Montana

    We bought a chunk of property that is land locked, with a 60ft easement to access our land. This 60 feet is a drive way for our neighbor, and to our road. The neighbor has decided to park their truck in the middle of the road effectively blocking any access to our property (stating "find your own way in" . This neighbor has also decided to plow all his snow at the end of the easement road once again blocking us in. ( no big deal we have a plow) This easement is to allow us access to and from our property and any utility services. My question is, can we fence the 60ft of easement on either side, making sure to stay on the easement and not on his property, to hopefully stop him from parking his vehicles or plowing us in? The easement is on his land.

  2. #2
    Join Date
    Oct 2016
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    Default Re: Can I Fence in Easement Road

    Likley not as it would block his access to his property. He has the right to use the property just not to block your use of it.

    The way you deal with the problems he is causing is to lawyer up and sue him.

  3. #3
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    Aug 2020
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    Default Re: Can I Fence in Easement Road

    What if it did not hinder him having access to his land or property? Essentially it will be just putting a guardrail up on each side..

  4. #4
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    Default Re: Can I Fence in Easement Road

    It would hinder his access. Anything you do that would stop him from the bad acts would also affect his access to the property.

  5. #5
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    Default Re: Can I Fence in Easement Road

    Thank you

  6. #6
    Join Date
    Nov 2013
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    7,056

    Default Re: Can I Fence in Easement Road

    Quote Quoting jkboone2014
    View Post
    My question involves real estate located in the State of: Montana

    We bought a chunk of property that is land locked, with a 60ft easement to access our land. This 60 feet is a drive way for our neighbor, and to our road. The neighbor has decided to park their truck in the middle of the road effectively blocking any access to our property (stating "find your own way in" . This neighbor has also decided to plow all his snow at the end of the easement road once again blocking us in. ( no big deal we have a plow) This easement is to allow us access to and from our property and any utility services. My question is, can we fence the 60ft of easement on either side, making sure to stay on the easement and not on his property, to hopefully stop him from parking his vehicles or plowing us in? The easement is on his land.
    There are situations where fencing an easement would be allowed but we don't have enough information to say if it applies to your situation.

    I assume that the grant language is such that this 60 ft. easement is non-exclusive meaning that the servient estate (the neighbor) also has use of the property. But he cannot impede your use of the easement by parking his truck on it or plowing snow to block your use. You could find your own way in by just driving across his property (around the truck) until he gets the message.

    Contact a land use attorney to write a cease and desist letter to the neighbor. If he doesn't stop, you file suit.

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: Can I Fence in Easement Road

    Quote Quoting budwad
    View Post
    There are situations where fencing an easement would be allowed but we don't have enough information to say if it applies to your situation.

    I assume that the grant language is such that this 60 ft. easement is non-exclusive meaning that the servient estate (the neighbor) also has use of the property. But he cannot impede your use of the easement by parking his truck on it or plowing snow to block your use. You could find your own way in by just driving across his property (around the truck) until he gets the message.

    Contact a land use attorney to write a cease and desist letter to the neighbor. If he doesn't stop, you file suit.
    I agree with Bud that you could drive around his truck or the snow. You are allowed to use the entire 60 feet if you need to do so. However, you can, and probably should, sue him for hindering your access. It will be difficult for you to ever sell the property unless he gets his hands seriously slapped.

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