Hi All
I recently bought a property that's deed was established in 1952. Well the orginal owners kid sold it to us. In 1957 there was a road and properties put in behind our house. That property established an easement that has followed the property between its many changes of owner. So it's an easement is on the Deed thru a quit claim deed on exihibit A.
The easeman is granted for a 30' section for the purpose of a roadway to all properties adjectent and abutting upon, and for the further purpose of utilites.
Our first day the 1957 house put up a rockery and told us they are going to rip down our fence. We advised them her not to. She went out got a survery showing the property line is at what she stated in writting is our fence. She also claims because our title does not show the easement we have no rights. My thoughts is why would it my land doesn't have a road in it. they were done at different times.
She then wrote us another letter saying we are tresspassing and the orginal intent of the document is for her sole use of the land. We provided her with copies of her title and the documents. She hired a fence company to come out we called the police showed the fence guy our documents including her letter stating it's my fence.
the police said it's a civil matter. I believe it is not possible to be guilty of trespass when there is an easement. And don't understand why the police say she can rip down my fence if she wants and I have to take her to court after she destroys my property and blocks our access to the road.. Oh this private road connects to two public road. The actual road runs between the property line not on the edge. The deed covers from my fence going 30 feet into her property.
Any thoughts?

