Can My Neighbor Use His Easement to Graze His Cattle?

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“My wife and I recently bought a house on 80 acres that has an easement.  The owner of the land has 160 acres on the west of us and 160 acres on the south.  He recently told us that he was going to fence in the 160 acres and put in cattle guards and let the cattle be on the road and cross over to his other property on the south.  The location of our house is 200 feet from where on cattle guard will be.  Is there anyway to keep him from putting these in and keeping the cattle off the road?”

[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.]

Read the easement.

If it says he can use it for cattle, then he can. If not, then he can’t (unless he has been doing so long enough to extend the scope of his easement by prescription). There might be some local law which supercedes this basic rule, but why do his research for him? If the easement doesn’t say anything about cattle, politely ask why he has the right to extend his use in that way, and the ball’s in his court to provide an answer.

Recommended reading (click on the picture)

Real Property in a Nutshell (Nutshell Series.)



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Author: House Attorney

A house attorney has answered this question.

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