Can Someone Change an Easement After We Paid for It?

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.

“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.”

Question: 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.