The ditch runs across the rear of my lot. My lot also extends past the ditch on the backside another 15 feet. So the ditch is completely encapsulated by my property. The city maintains the ditch. I was told by one of the kids mothers that since it is a city maintained easement, that the kids arent even on my property and therefore not trespassing. She believes they have a perfect right to play there as she considers it city property. This seems crazy to me and I would think that even though it is an easement it is still part of my property and therefore I still maintain the right to deny trespass.
2006-12-02 01:51:40 · 8 answers · asked by mike j 1 in Politics & Government ➔ Law & Ethics
In its simplest form, an easement is a grant of permission by a property for someone else to his his or her property. It is still your property, subject only to whatever rights were granted to the city.
You can obtain a copy of the from the county recorders office. You might have it reviewed by an attorney, but the easement is most likely NOT city property. Instead, the city has the right to use and maintain the ditch for whatever purposes are stated in the grant of easement.
It is still your property and those children have no reason to be there. Many states would call it an "attractive nuisance" and I can almost guarantee you that this mom would sue you if her children were injured in the ditch.
2006-12-02 02:05:19 · answer #1 · answered by Carl 7 · 1⤊ 0⤋
Yes, you have the right to deny trespass to the easement. An easement is not a right of way for use by anyone other than a designated authority, which in your case is the city. The easement is still your property, it is part of the whole package of your land, and therefore the rights of use belong to you.
In this case, should you be bothered by trespass, you should contact the police, they will be bound legally to do something as there are laws in place that protect YOUR property.
2006-12-02 02:16:29 · answer #2 · answered by wombat2u2004 4 · 0⤊ 0⤋
Well, yes, they are trespassing. If the propery on all sides of the easement is yours (even if the drain itself is not yours) then they have to go on your property to get to it. I say call the police. Children shouldn't be playing in something like that anyhow. It could be dangerous. The police will probably scare the crap out of the kids enough to keep them away.
Good luck!
2006-12-02 01:56:11 · answer #3 · answered by dancing_in_the_hail 4 · 1⤊ 0⤋
yes you need to call the police out there to take a look.It does not matter if the city maintains the ditch or not,it is still on your property,and if one of those kids get hurt,like cut their foot on glass or have an accident,guess what? They will try to sue you.Better safe than sorry,i would call and find out what my rights are,because anytime one of those kids get hurt?they might decide then thats its your property.
2006-12-02 02:06:01 · answer #4 · answered by slickcut 5 · 1⤊ 0⤋
I don't know about drainage but where I used to live city sidewalks cross your property. Even though it goes across your property the sidewalk was still public. That's for walking on though so not for sure about drains.
2006-12-02 01:56:07 · answer #5 · answered by Scorpio 4 · 0⤊ 1⤋
I don't have kids but I play. I don't particularily prefer violent console games. I play them for the plots and the sense of achievement one gets from defeating a or many CGI enemies. Three of my favourite games are Dante's Inferno,Darksiders and Devil May Cry. There's your religious perspective.
2016-03-13 01:41:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Legal advice here on YA? Do yourself a favor and call the local cops. Better yet - give the kids a break.
2006-12-02 01:54:25 · answer #7 · answered by c.arsenault 5 · 0⤊ 2⤋
Call the city and ask them.
2006-12-02 02:14:10 · answer #8 · answered by Blunt Honesty 7 · 0⤊ 0⤋