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Easement. Law. Info

7 years ago

There is an easement that runs the length of my property. It is for my neighbor behind me to access his property. He, mostly his wife, have been harrassing the people working on my property. She told my tree cutter he couldn't park on the easement. They think they have exclusive rights to it. Im planning on using it when my house is finished in conjunction with my "private" driveway. Does anyone know what course of action to take with an obnoxious neighbor. ??

Comments (9)

  • 7 years ago

    "Lawyer in your area that is knowledgeable with the applicable laws. Whatever they charge will be cheap for the relief. They can also send a letter to your neighbor."


    Ha ha hahaaa,rotflmao and all that jazz. You could pave the easement then deed it to your neighbor and still be money ahead of feeding a bloodsucking lawyer.

    It's possible your neighbor lady doesn't realize the drive actually belong's to you and that you still have unlimited use of it. On the other hand,some folks are simply wired to act snotty. Don't let it bring you down to her level. If you simply need the satisfaction of sticking your thumb up her kazoo,try this. When they are clearing and working on grade for your house,have a heavy equipment operator sit large objects such as a downed trees or rock boulders in the road and swear it was unintentional but look's great when you step back for a look. If she want's them moved,she can hire them moved,take you to court or stop acting like a fishwife and humbly ask to call a treaty on driveway etiquette.

    tim smith thanked klem1
  • 7 years ago
    last modified: 7 years ago

    NO. !! Do not want tease, provoke or rotlmoa. Just want to live in peace.

    I have an adult addict child living with me now. She won't be moving to the new house. I really need to be able to live in peace !!!

    He , neighbor , works at my company. I want to send him an email or interoffice correspondence and say what is it that we can do to get beyond this before we spend gobs of money on lawyers and courts. I would rather call him to go fishing or golf then hey "watch what im going to do to them now."

  • 7 years ago
    last modified: 7 years ago

    In general, let me repeat, in general, an easement doesn't allow the easement holder to occupy the land or to exclude others from the land, unless they interfere with the easement holder's use. In contrast, the possessor of the land may continue to use the easement and may exclude everyone except the easement holder from the land. So, in your case, if the tree cutters block them from entry/exit from their property, then they have a gripe. If the tree cutters just use it for access to your land and don't block it, then they don't have a gripe. It is still your land and their rights are only to use it to pass through.

    tj

  • 7 years ago

    If you care to have a relationship with your neighbor long term, then diplomacy will be your best bet unless of course you've already tried and exhausted diplomacy. When you see them outside, bring a few beers or some home cooked treat over and sit down and talk with them. Tell them you are aware they have concerns and you'd like to figure it out together. I would not suggest telling them you own the property and they have no say in any of the matter up front, that will just make them even more mad. Understand their concerns of your contractors (or others) usage of the easement. Is there something other than the usage of the easement that they're upset about? Is it the noise, inability for them to pass by, are they damaging yard work, etc? Maybe it's a scheduling thing.. Perhaps there are simple things that can be changed on either side to help alleviate their concerns.

    Do explain to them the easement rules and what rights you both have, of course do it in a way that doesn't seem like you're giving them the finger. Set expectations with your neighbors and let them know of your property plans, how long and when you intend to use it. Because of the easement, they probably assume some level of "ownership" if you will and are making sure that people they don't know aren't misusing the easement.

    Show them you care about their concerns, and hopefully they will try to be neighborly. I also wouldn't bring it up over a work email. Doing it at work could bring it to the attention of your workplace and you don't want them to be involved unless he's harassing you at work. Also, given the environment today, he could find any little thing in your email and constitute it as harassment and now he has proof of it.

    Best of luck.

    tim smith thanked Steve J
  • 7 years ago

    That is a good idea Steve. That is along the lines of what i was thinking. I am just trying to use the whole job thing to my advantage as far as when i met the guy he was working for trucking company that delivered to the post office. I was working full time for the p.o. I might have said "Ill put in a good word for you ." Then he got a full time job as a driver with us. Now he has moved up and is driving instructor. I don't want to tell him "I'm the reason you even have a job." Or anything like that. Just hey, "we work together and i am going to be building in what use to be your front yard." Can we all just get along ?? In other words or the same words, we work and live together. Kind of important that we get along. That being said , i don't see him on a daily basis , thank God.

    But, ya, i would think they would want to be kept abreast of what is going to take place next in the building process. Fun to watch for their boys , i would think. Dozers and backhoes and the whole shooten match. Thanks again Steve, Tim


  • 7 years ago

    What exactly does the easement say? You should have a copy of it, if not get it at the Recorder's office. Might be good to have it in front of you when you calmly discuss the situation with the neighbors. tsugajunkie made a very good post on easements, but it also depends on what yours says.

  • 7 years ago

    Keep this away from work. If it goes south, you can be charged with harassment. No emails or inter office correspondence.

  • 7 years ago

    Also, make certain those doing any work on your property are respectful of your neighbors and their need to drive in and out. They need to use the lane but they don't need to leave trees, branches, debris, or their trucks/equipment on the access lane, either temporarily or long term. Could you perhaps designate a parking/work area to keep equipment and detritus off of the lane? Not to badmouth anyone, but some contractors think their work is more important than anything else. It would not surprise me if they made your neighbors wait to use their only access.

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