We have a property which has a driveway easement (landlocked issues). 12ft was given by two seperate neighbors. Our driveway is very well maintained by us but our neighbors who give 12 ft. wants to ride 4 wheelers up and down our road and it kills our grass and makes a muddy mess. Anyway we have purchased the property beside ours which was the other half of the 12ft easement, so we now own half of the easement. We have moved our road and made us another driveway off of their 12ft, which was basically half of the other road. We want to put up a fence on our half of the easement we now own. Can we do that? Our neighbor is harrassing us because he wants the road kept so he can use it to get to the back of his propety, this easement was granted 30 years ago for our property to use not his. We maintain it, We have no problem with letting him have what is rightfully his half. But can we put fence and shrubs on what we now own of our easement?
2007-03-05 02:08:10 · 4 answers · asked by ladybug27 2 in Politics & Government ➔ Law & Ethics
All real estate matters concerning easements should be looked at by a lawyer, usually just a single visit or two should do it, not to expensive to know where you stand before you start a fight or build a fence that will have to be torn down. If the lawyers say its in your favor and you can put up a fence, speak to the neighbor first and tell him what you have found out then tell him your plans and ask him if he has any input as to size, color, type of fence. You don't have to listen to him, you just have to let him feel he has some control so he isn't angry, and believe me, people get very angry when a change is made to what they have considered to be THEIR property rights.
2007-03-05 02:18:54 · answer #1 · answered by justa 7 · 0⤊ 1⤋
I hate to break this to you but you don't fully own 1/2 the easement. You both have use of the whole thing. putting a fence in the middle of the easement is depriving your neighbor's right to use the area. your neighbor has the right to access this land but not damage it. if you think that they are damaging your property you can always sue them for the damage they caused. physical damage not just annoying you.
If you can't get along with your neighbor, put up a fence or bushes just before the easement. ignore the neighbor, maybe some one else will move in soon that you get along with better.
2007-03-05 10:20:13 · answer #2 · answered by chris 2 · 2⤊ 0⤋
I really can't picture what you are trying to describe
An easement for ingress/egress cannot be used outside the scope of the original grant. So, if you don't want them to ride their 4 wheeler's up and down the driveway, that is reasonable. also, the one who owns the easement is responsible for its upkeep, so make sure that your neighbors are keeping up with the repairs on the driveway.
2007-03-05 10:14:21 · answer #3 · answered by BigD 6 · 0⤊ 0⤋
Yes you can put up a fence. But if the road gets widened by the city/county/state you live in, they will tear it down. Bushes might be a better solution to your problem, but then you run the risk of the neighbor killing them if they are that determined to have their way. I would suggest planting bushes and putting small steel pipes in the ground spaced about 8 to 10 feet apart to a height of about 12 inches. then connect the pipes with sections of a good heavy chain. You can spray paint the pipes and chain and it will be quite attractive.
2007-03-05 10:21:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋