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  1. #1
    Join Date
    Mar 2009
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    1

    Default Existing Buildings on an Easement

    I purchased a property in New York with a right-of-way on my neighbor's land. The easement is used by myself as a driveway, and by three other properties to access a shared private lake. The easement is 40 feet wide. There is a building extending onto part of the easement by 25 feet, leaving 15 feet for a narrow driveway. This building existed before we bought our property, but after the easement was included on the property deed. The structure is in disrepair, unoccupied, close to our home, and a bit of an eyesore. I was considering offering to pay for the cost of removing the structure, but am pretty sure my neighbor would not agree to this. My neighbor and I get along well, and I'm not interested in starting a feud. I am ready to approach him with a few ideas that we might agree on, but want to have a better understanding of the legalities. Is the location of the structure legal? Do I have any say in the future of the structure? Would it be within my rights to plant trees on the easement to block the view of the structure? Would my other neighbors who share the right-of-way need to be consulted before any "improvements" are made?

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

    Default Re: Existing Buildings on an Easement

    You're unlikely to be able to get a court to order a structure removed, having bought the property knowing that it's on the easement, and apparently being unimpeded in your use of the easement. You may be able to prevent a new structure from being built in its place based upon the easement. You don't have a right to further obstruct the easement just because you think the structure is ugly.

    Is that the gist of the problem - it's an eyesore?

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