Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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?
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.
