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There is an easement road that runs along my property line in order
for a neighbor to access his property. For the last 28+ years we have
also used this road to access the back portion of our property. This
neighbor has now put up a fence blocking my gates and denying my
access. I don't think this is right, but I need to get some help in
deciding how strong this case may be. Please note, the fence
installed was not installed by any of the property owners that share
my property line and whose properties have given the easement as
stated on their respective trust deeds. So basically, he has put up a
fence that is not on his own property, and believes he has a private
road. He is only blocking access to me, not any one else. Any help?
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On Sat, 26 Jun 2004 11:05:37 -0400, dhr_tds@cox.net (Darsi Harris
Rutland) wrote:
There is an easement road that runs along my property line in order
for a neighbor to access his property. For the last 28+ years we have
also used this road to access the back portion of our property. This
neighbor has now put up a fence blocking my gates and denying my
access. I don't think this is right, but I need to get some help in
deciding how strong this case may be. Please note, the fence
installed was not installed by any of the property owners that share
my property line and whose properties have given the easement as
stated on their respective trust deeds. So basically, he has put up a
fence that is not on his own property, and believes he has a private
road. He is only blocking access to me, not any one else. Any help?
When you say the easement is "along my property line," I assume you
mean that the easement is NOT on your property, but just outside of
your property on your neighbor's property.
I'm not a real property lawyer, but I expect that you are going to be
out of luck. The kind of easement you describe would be a private
easement between your neighbors, and you have no right to use the
road. Who built the gate, and who else is allowed to use the road,
are both irrelevant.
My recollection is that there is such a thing as an "easement by
prescription," which operates kind of like adverse possession, so if
you have been using an easement for 21 years or more you may have
rights to it. But I doubt if that rule would apply in this case
because you were using someone else's road, and not a road that you
created or used exclusively.
These sorts of things are very state-specific, and you should consult
a local lawyer if you want certainty, but I suspect you are going to
be disappointed.
*Dan Evans
*Author of the Tax Protester FAQ
*http://evans-legal.com/dan/tpfaq.html
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Darsi Harris Rutland wrote:
There is an easement road that runs along my property line in order
for a neighbor to access his property. For the last 28+ years we have
also used this road to access the back portion of our property. This
neighbor has now put up a fence blocking my gates and denying my
access. I don't think this is right, but I need to get some help in
deciding how strong this case may be. Please note, the fence
installed was not installed by any of the property owners that share
my property line and whose properties have given the easement as
stated on their respective trust deeds. So basically, he has put up a
fence that is not on his own property, and believes he has a private
road. He is only blocking access to me, not any one else. Any help?
You need to take a look at your deed and see exactly what the easement
says. If it's an exclusive easement, he may well have the right to
exclude you. But that's very unlikely.
You may end up having to sue him, though. Check with a local lawyer
to see just what the situation is.
Stu
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Dan Evans wrote:
(Darsi Harris Rutland) wrote:
in order for a neighbor to access his property. For the
When you say the easement is "along my property line," I
assume you mean that the easement is NOT on your property,
but just outside of your property on your neighbor's property.
Why in the world would you say that? If the easement is to allow the
neighbor access to his property, the easement must be over the OP's
property.
If it were actually the neighbor's property, then the OP would be the
holder of the easement.
I'm not a real property lawyer, but I expect that you are going
to be out of luck. The kind of easement you describe would be
a private easement between your neighbors, and you have no right
to use the road. Who built the gate, and who else is allowed to
use the road, are both irrelevant.
First, he has to take a look at what the actual easement says before
it can be determined what his rights are. But assuming, as you do,
that the OP is the holder of the easement over his neighbor's property
rather than the other way around, if that's his only means of
accessing his property, he could have an easement of necessity, which
cannot be terminated in this manner.
My recollection is that there is such a thing as an "easement by
prescription," which operates kind of like adverse possession,
so if you have been using an easement for 21 years or more you
may have rights to it. But I doubt if that rule would apply in
this case because you were using someone else's road, and not a
road that you created or used exclusively.
A prescriptive easement only comes into being when the use over a
period of time was not with the consent of the owner of the property,
no matter how long that useage has been going on.
Stu
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In article <v42rd01h0uh2brn9ad4iebh1iktpgfck8p@4ax.com>,
Darsi Harris Rutland <dhr_tds@cox.net> wrote:
There is an easement road that runs along my property line in order
for a neighbor to access his property.
Does the road run completely on, partially on, or not at all on your
property?
For the last 28+ years we have
also used this road to access the back portion of our property. This
neighbor has now put up a fence blocking my gates and denying my
access.
Which neighbor? The one who has the easement, or the one who owns the
property on which the easement runs?
On whose property is the fence? The owner of that property might have
the right to put up such a fence; someone else would not. (Of course,
if the fence is on _your_ property, nobody else has the right to put
it up.)
I don't think this is right, but I need to get some help in
deciding how strong this case may be. Please note, the fence
installed was not installed by any of the property owners that share
my property line and whose properties have given the easement as
stated on their respective trust deeds.
Did the owner of the property on which the fence is physically located
grant permission for the fence to be installed?
So basically, he has put up a
fence that is not on his own property, and believes he has a private
road. He is only blocking access to me, not any one else. Any help?
What does the owner of the property where the fence is located say?
Seth
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On Mon, 28 Jun 2004 17:53:34 -0400, Stuart Bronstein
<spamtrap@lexregia.com> wrote:
Dan Evans wrote:
Why in the world would you say that? If the easement is to allow the
neighbor access to his property, the easement must be over the OP's
property.
It sounded to me like he was describing an easement over A's land to
get to B's land, that he (C) was also using to get to the back part of
his land. B's easement runs along the border of his land (i.e., on
A's land, but along C's border with A), which is why he can use it go
get to the back of his property. B has set up a fence, not
necessarily with A's permission, to keep C from using B's easement
over A's land.
Not an unlikely set of circumstances.
If it were actually the neighbor's property, then the OP would be the
holder of the easement.
As I have explained, it sounded to me like the holder of the easement,
and the subservient property, were both neighbors, and that the OP was
just using an easement to which he had no rights.
First, he has to take a look at what the actual easement says before
it can be determined what his rights are. But assuming, as you do,
that the OP is the holder of the easement over his neighbor's property
rather than the other way around, if that's his only means of
accessing his property, he could have an easement of necessity, which
cannot be terminated in this manner.
No, I'm assuming that the OP is a STRANGER to the easement, and is the
owner of property that is neither subservient to the easement nor
benefited by the easement, but just adjacent to them.
*Dan Evans
*Author of the Tax Protester FAQ
*http://evans-legal.com/dan/tpfaq.html
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In article <bi41e0lb3kd40ojugdfsc6n7gkssqopt28@4ax.com>,
Stuart Bronstein <spamtrap@lexregia.com> wrote:
Dan Evans wrote:
Why in the world would you say that? If the easement is to allow the
neighbor access to his property, the easement must be over the OP's
property.
How about this scenario:
OP owns front lot 1. It is next to front lot 2. There is also a back
lot. The easement runs adjacent to front lot 1, over the edge of
front lot 2.
OP used the easement road to reach the back of front lot 1.
Then the owner of back lot built a fence along the road (on land
that's part of front lot 2) which blocked OP from reaching his own
backyard.
As I asked in another post, what did the owner of front lot 2 say
about that fence?
Seth
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In article <bi41e0lb3kd40ojugdfsc6n7gkssqopt28@4ax.com>,
Stuart Bronstein <spamtrap@lexregia.com> wrote:
Dan Evans wrote:
Why in the world would you say that? If the easement is to allow the
neighbor access to his property, the easement must be over the OP's
property.
Try reading what the original poster actually wrote.
Party A, the original poster, has property that adjoins that of Party B.
There is an easement granted by Party B, that allows (at least) Party C
right-of-way across a part of Party B's property that is adjacent to the
property owned by Party A.
Party A has, for many years, traversed that same portion of Party B's property,
for the purpose of transit to/from the rear portion of Party A's property.
Party C has erected a fence on Party B's property, denying Party A their
'accustomed' use of the property described in the easement.
If it were actually the neighbor's property, then the OP would be the
holder of the easement.
Unless there are _three_ parties involved, Which happens to be the
actual case. <grin>
I'm not a real property lawyer, but I expect that you are going
to be out of luck. The kind of easement you describe would be
a private easement between your neighbors, and you have no right
to use the road. Who built the gate, and who else is allowed to
use the road, are both irrelevant.
First, he has to take a look at what the actual easement says before
it can be determined what his rights are.
100% correct. There is an easement, granted by 'Party B' -- but _to_whom_?
Is the beneficiary of the easement _only_ 'Party C', or is it 'anyone'
who's property adjoins the easement? Is it an 'exclusive' grant of access,
or a non-exclusive one?
But assuming, as you do,
that the OP is the holder of the easement over his neighbor's property
rather than the other way around, if that's his only means of
accessing his property, he could have an easement of necessity, which
cannot be terminated in this manner.
OP indicates he has been using the indicated property as a 'convenient'
means of access to the 'back portion' of his property, presumably from
the 'front portion' thereof. *IF* these are references to parts of
a single _contiguous_ parcel -- a situation which the original poster
does _not_ make clear -- then an 'easement of necessity' would not be
applicable. On the other hand, if the 'portions' are non-contiguous,
and there is no other access to the 'back portion', then the 'easement
of necessity' approach may be viable.
My recollection is that there is such a thing as an "easement by
prescription," which operates kind of like adverse possession,
so if you have been using an easement for 21 years or more you
may have rights to it. But I doubt if that rule would apply in
this case because you were using someone else's road, and not a
road that you created or used exclusively.
A prescriptive easement only comes into being when the use over a
period of time was not with the consent of the owner of the property,
If the property owner, B, grants an easement to C, does A's use of that same
section of property constitute use _with_, or _without_ the consent of the
owner of the property?
Does the owner have to _explicitly_ consent to the use? What if the owner
becomes 'aware' of the use and does not raise objections -- does that
constitute "consent"?
no matter how long that useage has been going on.
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Robert Bonomi wrote:
Stuart Bronstein <spamtrap@lexregia.com> wrote:
Try reading what the original poster actually wrote.
I did. He said, "There is an easement road that runs along my
property line in order for a neighbor to access his property."
Party A, the original poster, has property that adjoins that
of Party B. There is an easement granted by Party B, that
allows (at least) Party C right-of-way across a part of Party
B's property that is adjacent to the property owned by Party A.
I didn't get that at all. Sure, he says, "Please note, the fence
installed was not installed by any of the property owners that share
my property line and whose properties have given the easement as
stated on their respective trust deeds." But all that implies to me
is that the easement was given for the use of more than one adjoining
property owner. It doesn't say it wasn't over OP's property.
If it were actually the neighbor's property, then the OP would be
the holder of the easement.
Unless there are _three_ parties involved, Which happens to be
the actual case. <grin>
No, even if there were three property owners, it appears to me to be
an easement over the OP's property for the possible benefit of more
than one adjoining landowner.
Certainly the facts could be different than that, but I think you are
reading things into the situation that he did not say.
Stu
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