I’m Installing a Sprinkler System along my Property and an Easement, But my Neighbor Insists that it will Impede Traffic, What Should I do?

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“My home is in a small neighborhood – 6 families, located on a gravel road maintained by these homeowners. I live in the first home on 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.]

The original property owner gave an easement and “right-of-way for the purpose of ingress & egress and to run with said land and to be transferable therewith; reserving unto the grantor the right to use said road & grant others a like easement and right-of-way.”

I am putting an underground sprinkler system in the front yard but the neighbor insists that it will be in the easement area.

The sprinkler heads will be flush with the ground and will not impede traffic flow. Is this allowed? There is very little likelihood that the road will ever be paved or taken over by the state. What are my rights? I am getting the lot resurveyed today to be certain of my property lines.

Thank you”

The language about “reserving unto the grantor” implies that this is a non-exclusive easement–that is, your neighbors get to use the road but don’t get to exclude you from using it, too.

As a general rule, you can do pretty much anything within the area of a non-exclusive easement, provided that it does not interfere with the use that the other owners are entitled to (ingress & egress, in this case).

Whether your sprinklers would interfere with that use is a question of fact. From your description it sounds like the answer is no, but your neighbor might argue differently.

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Author: House Attorney

A house attorney has answered this question.

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