Can My Neighbor Modify Our Shared Easement Without My Consent?

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I am the servant of an easement. A new neighbor wants to use the shared easement for his fence and cattle business. This easement was created for irrigation and waste water. He has informed us that he plans to bury a pipe in the ditch for a new access. He said he didn’t want to disrupt his fencing so this was his plan. He has his own access to his property. Is he allowed to do this or can we stop him?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

In order to answer this question, you need to review the document which created the easement in the first place. There should be a description of the uses that the easement includes, and that will (hopefully) make it clear whether what he proposes to do is included.

If not, you may be in for a long dispute. Interpreting easements is often a source of litigation, so reviewing the document with an attorney may be helpful.

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Author: House Attorney