Can Someone Change an Easement After We Paid for It?

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“If you have paid a neighbor for use of a strip of land can they put a 4 foot high post at the corner of it, even though you were very clear that you were going to use it for a drive for your cars? I have a signed contract between the two of us. It is actually at the corner of our driveway and I cannot turn around because I have several broken ribs that will not heal.”

[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.]

It depends on exactly what you bought; you’ll have to look at the specific language of your easement. If the post interferes with your use of the land according to the easement, you probably have the right to have it removed. Be aware, though, that if your neighbor is interpreting the language differently, this could easily escalate into a long and expensive legal battle.

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Author: House Attorney

A house attorney has answered this question.

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