Why would you sign away your access to water? Because it sounds like that's why you have this easement in the first place.

I haven't signed. I just don't understand why my neighbor wants me to. If we ever needed to repair the water line, we would not be able to access his property without his permission. He might (or subsequent owners) say no.

im just trying to figure out how to keep all parties happy or if there is something I'm missing. Just don't understand his persistence in the matter.

An easement makes your property more valuable. DO NOT sign a waiver of the easement.

I wonder if he wants sell or develop and your easement is in the way.

Why not ask the neighbor?

Jim Mat, I will ask the question - if we're on speaking terms by that time, but he has already stated it's because he doesn't trust me not to make a road through his property, hence the fence installation.

We passed on buying a house we really liked due to an easement; the sewer lines ran through the neighbor's property. I could just see problems in the future.

I really don't know the legalities, but doesn't your easement allow you access to repair your water lines NO MATTER what he says? Isn't that the purpose of an easement?

And no, the fence wouldn't help the situation. Your neighbor's property is still flawed.

Sounds like a difficult situation. How in the world was this done in the first place? Was the current neighbor the one who sold the easement to you? It really does devalue his property, to be sure. Is he offering to buy it back?

Maybe he's not well. Is there a spouse or adult child around?

Littlebug, the easement was already in place when I purchased the lot. There was an original home at the road on this lot that was on a well. A "hardship" manufactured home was sometime later put behind the house. I guess it was easier to hook up through the neighbors property (owned by someone else at that time) . I don't know all the specifics.

jn3344, he lives by himself. I believe he is a widower.

Do not sign away your easement. We have a neighbor that would LOVE everyone near her to sign away their right to access her easement. She can pound sand. Her easement is the only way a work vehicle in case of emergency repair can access the back of my property. I have never used the easement and have gone FAR out of my way to have work vehicles use the other neighbor's lot with his permission to access the back of my property. I am fed up with my neighbor as well. She refused to let my gardener access the back of my house through her side of the fence! My side of the fence has a wrought iron gate that prohibits a riding mower to pass through. The previous owner installed it. I understand your pain.

We also have a water line that goes through her property. Don't sign away your right to fix repairs that may arrise.

Your lawyer gave you excellent advice. Follow it. If the neighbor comes knocking at your door again despite the lawyer's letter (and I bet he will) just tell him you are not going to sign away your rights to the easement and to stop harassing you about it. Period. End of sentence. To tell you the truth, it sounds like your neighbor doesn't care as much as you do about being a good neighbor. So I wouldn't be trying to appease him. Just go about your life and ignore his demands.

Imho, someone who would come harass you about something like this is never going to be your " friend." Probably the best you can do is have a good lawyer and don't hesitate to get a restraining order if the guy gets even nuttier. Stay safe first. Sounds like the easement Is needed for access (obviously not very often) and if you give it up, bet he would deny that access. Not friendly and not helpful.

An easement was put in place probably many many years ago to give you access to something that you need. (Your water lines). You would be SOL if you signed away your easement and then had a problem with your water line. At that point, you would be tresspassing on your neighbors property and he could deny your workers access to fix the water issue. Your neighbor is only looking out for himself. He obviously feels the easement is making his property less valuable. (after all, someone besides him is allowed to go on "his" property without his permission. I think you can put his fears at ease by telling him you are not allowed to build a road on his property, after all, it is an easement, it only gives you access, nothing more, although I seriously doubt hes telling you the truth that his concern is that you will build a road. Honestly, it sounds like your neighbor is a little paranoid. I dont think there is anything you will be able to do to keep him happy.

I had another thought - your neighbor might just be nutty enough that, if you sign, he'd get a backhoe and dig through your water line. Out of spite, on purpose. Then where would you be? Waterless.

People can be crazy. Especially older persons (no offense - I'm over 60 myself) who have nothing else to think/worry about.

^^You are so right littlebug. The very first thing I thought when I read the original post was there must be some other reason that the neighbor is being so paranoid about the easement. It's possible the neighbor doesn't understand what an easement is (legally speaking), but it is more likely he has other thoughts and there is no way I would give anyone power over an easement that contained waterlines for my property. The other posts are right: sign nothing. Bring it to the attention of your attorney if he continues to come over to pressure you to sign a release.

The easement (most likely) does not give you permission to do whatever you'd like to that piece of property as if you owned it (ie. build a road, etc). If it's purpose is to allow you access to repair your water line, then that's probably all you are allowed to do.

So if that's truly what your neighbour is worried about, you could probably have your lawyer clarify your rights and his rights. Or, if your easement IS open-ended where you can do whatever you'd like with that piece of property (doubtful) then maybe you could change it to just access for repair/replacement.

But most likely your neighbour just realizes that the easement decreases his property value and can make it more difficult for him to sell. But he bought it that way, so that's his problem, not yours.

I suspect your neighbor either misunderstands the nature of the easement or is being less than truthful regarding his reasons for wanting you to sign it away. Being worried about you "making a road" doesn't make a lot of sense. As a rule, an easement that grants you access doesn't usually cover doing anything of that nature.

Your best bet is to just simply tell him that you spoke with a lawyer who advised you not to sign it away under any circumstances and that you intend to follow that advice. Full stop. Additional badgering on the topic will be regarded as harassment.

You haven't discussed the price. The easement has value, there is, presumably, some amount of money that you would take to assume the risk of losing your water line (it might be equal to the value of your house, so that if you lose water you are still whole). I suggest you set a price for signing away the easement that will make you happy and be responsive to his desire to have it removed. Your neighbor may well back off wanting the easement removed if faced with paying a fair market value for it.

I think that because you are a new owner to this property, your neighbour might have thought you would be a soft target.

I'm very glad that you received good advice.

The neighbour is an unreasonable man and perhaps the best thing to do is to explain to him that no, you have decided not to sign any document about the easement. If he bothers you, stick to being firm, reasonable and polite.

You might have to make an art form of this. Bore him to death with your reasonableness and never give in.

You could probably shut him down cold if you asked him how much is he willing to pay you for your easement rescission?

I do wonder about the history of the easement. Has this individual had past dealings with the previous owner of your property? Maybe the previous owner could fill you in on the history.

The best course of action is the one you took. Have your lawyer deal with it.

Ask him about paying for a release of the easement AND relocating the water line (and this assumes the easement is limited to servicing or repairing that water line). They have to go together. If he is worried about the value of his property, the easement would have to be pretty large and prominent on his property. Most land that is developed to any extent has utility easements for access and repair of utilities. Yours sounds like it might be different in that it runs to the owner of your property, but the intent is the same.

I agree with asking your attorney to explain the limited (assuming it is) nature of the easement and that while you have no current plans or desires to access his property, should your water line require service or repair, it is critical to have that access and you will not release the easement unless he pays to reroute the water line and to aquire any new easments from a different land owner -- if that is even posssible.

I have seen older people (assuming from widower and what you have described that he is older middle age to senior status?) develop declines in analysis and reasoning, sequential thinking (this is true, so then that and then the next thing -- they are related) as well as a degree of paranoia as they feel more isolated and vulnerable. Maybe he's upset due to a prior experience (maybe why the property sold?) -- maybe he's just obsessing on this because it's there. He may or may not be capable of reasoning. I would be calm but firm in dealing with him -- maybe even try redirecting the conversation to something else to see if you can find something else for him to think about and something you can agree on so you won't be seen in such a negative light. Stay away from politics -- maybe the weather, ask about his family or how long he's lived there -- something to let him talk about himself. He may not -- but it probably can't hurt and might help.

Before I read widower, my first thought had been rural property -- doesn't want anyone coming near -- at least bordering paranoia -- could there be pot-growing or other drug activity on the property. If that's even a remote posssibility, I'd go more the route of the attorney letter followed by a restraining order if he continues. Hope things settle down, one way or another.

Ask him nothing. Just tell him no. Nothing else needs to be done. Sometimes a fence makes enough of a comment so enjoy your rural cottage, and don't worry about the neighbor except to bring some warm bread for the holidays.

To the OP: Chat, how's it going? Let us know how things turned out!

I have not heard one peep out of my neighbor. I guess after my lawyer told him I wasn't going to sign it away, he's given up on me. So for now, all is good and quiet.

Thanks everyone for all your comments and advice. It is very much appreciated. I kind of shutter now when I think back to how close I was to signing it away.

If anything changes, I will update.

Thanks again!

stolen -- asking him to pay is just a way to both think about the value and need from the OPs view and then put up or shut up. Sounds like the lawyer was able to do that, whatever course he took to explain it.