My Neighbors and I Disagree on Their Right to Pave Our Easement, What Should we do?

We recently purchased a 5 acre piece of property. Unfortunately we did not have access to the language of the document when we purchased the property. This is what was told to us about the easement when we purchased the property. Our neighbors have recently brought to our attention that we were mistaken about the extent of the length of the easement. They have stated that they intend to put a road the entire length of the easement– nearly 400 feet. Do they have the right to do all of these things? Read More …

My Property has a Major Water Issue from a Drainage Easement, Can I Hold my HOA Liable?

They removed the easement from the property, I have letters from the HOA and township validating this. The problem is that the water issue was not mitigated. My question is, since we were misinformed about the easement and the necessity of it, and since we have a major water issue and would not have purchased this home had that been disclosed to us, can we hold the HOA responsible to resolve this issue at their cost. In addition, if an easement is required on this property, can we hold the HOA liable for the dimished value of the home as a result? Read More …

Issues with Neighbor and a Perscriptive Easement on a Shared Driveway

To get into our property we have to cross two other properties. Last fall when we paved our part of the driveway and the man in the middles driveway the contractor had some extra material and asked us if he could put it on the top of the driveway, of course we liked the idea of getting in and out easier but warned the contractor that the man on the top is very unreasonable and he would have to get his permission. Several months later we received a letter from his attorney who is also his nephew saying we had to remove the asphalt and take it back to dirt and gravel. Please give me some feedback on the situation. Read More …

Can a Government Agency Grant an Easement by Necessity That may Cause a Landlocked Situation?

Can government entities explicitly grant Easement by Necessity to private landowners, particularly if the government entity may have created a landlock situation? How do we now establish access/egress to our lot? Do we stand a chance of convincing the Bureau of Reclamation to explicitly grant us use of the easement, which should satisfy the permitting requirement for the other bridge? Read More …

Can the Local Water District Allow a Cellular Company to Use a Road Easement When the Other Property Owners don’t Agree?

Years ago a Water District acquired a residential parcel for construction of a water tank. The residential property has an easement for ingress/egress to an private road shared by over twenty other residential properties. The Water District (public utility) now is permitting a cellular company (private business) to apply for County permits to construct a cellular antenna facility on the property. Can the Water District give permission to the cellular company to use the private road to install and maintain the cellular facility when all of the other easement holders are in opposition? Read More …

Can we Place a Gate on a Ingress/Egress Easement?

We bought a house/land 6 years ago and signed an ingress/egress easement with the previous owners to allow them the use of our driveway to access their property that adjoins ours. We are having major problems with the renters (& parents of the daycare children) speeding up and down our driveway and forcing us to get out of their way when we are on it. In an effort to slow down the traffic we have put up a nonlocking gate at the end of the driveway where it joins their property. The property owners are now saying we have no legal right to install the gate. Read More …