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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Neighbor Blocking Easement

    I live in Michigan, and have a deeded easement over small corner of neighbors property. I previously owned the property, drafted, signed and recorded easement prior to sale of the property. Original purchaser of property signed the easement as a witness and had no issues with use of the property. The easement was granted to owners of adjacent property (currently myself and another neighbor as we share split lots) for purposes of driveway easement to an existing road.

    The easement spells out a 15’ driveway. Historically we never used the full 15’ and the property is on a small slope. We had placed some landscape timbers (2 high) on one side of the easement with permission from previous owner. We have had no issues with this driveway since 1995 (prior to easement being recorded in 2000). The neighbor had a survey done and found that easement is in fact 5’ East of historical use. I have no dispute with survey placement of easement or lot lines. However, this now has the timbers dead center of easement so drive area is now essentially unusable.

    We removed the timbers to provide passage, and neighbor immediately called police who told us to stop until the issue was settled. Then the neighbor replaced removed timbers, making passage over this area difficult or close to impossible without damage to vehicles.

    My question is : What rights do I have to remove these or what other suggestions would anyone have to get this cleared up??

  2. #2
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Neighbor Blocking Easement

    This is a civil issue not a criminal issue, so the police may not have the authority to dictate anything other than trying to keep the peace. An easement must be keep clear of all impediments. depending on the language of the easement, you may want to have a lawyer send a letter to the neighbor asap.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Neighbor Blocking Easement

    Thank you - in my haste to document current usage and write the agreement before I sold the property in 2000, I did not include maintenance language. This seems to be my error of omission that could have likely resolved the problem in advance. I think I now need to rely on the language of "for the purpose of ingress and egress. . .".

    So as a civil matter, we could be talking some fair amount of $$, correct??. I guess now I have to decide if I should just dump a bunch of soil there to bring the easement level, forcing him to bring action or start the action myself. It may serve my wallet best to provoke him into seeking a judgement rather than bearing the burden of bringing the action against him. Worse case I lose, and I have to bear the cost anyway and possible clean up the soil. Decisions, decisions.

    Would you beleive I have any other liabilities if I chose to provoke a resolution?

    for further clarification - property was re-sold to current owner in 2005 and never had an issue until late 2008.

    Additionally we have sent certified offers to reduce size of easement by up to 70% to no avail. We have also suggested that legal action is likely to follow if we can't resolve - he has now stopped accepting the certified letters we send.

  4. #4
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Neighbor Blocking Easement

    Contact a lawyer asap.

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