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I have a nieghbor who has not used an easement for the 19 years

 
David C. Garner's Avatar
  • Answered by:David C. Garner
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Customer Question

I have a nieghbor who has not used an easement for the 19 years ive owned the property he now wants to sob divid his land and is having a lawyer tell that I must remove my trailer and can not park my vechicles in front of my house because he has a 60 ft access in front of my house Do I have any rights in this matter? jim

 

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State/Country of Question: Montana

Already Tried:
Telling him its my land and he is not suppose to sobdivid and my stiff does not block acess and he cant cut tres to make a two lane rd

Submitted: 1020 days ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  David C. Garner replied 1020 days ago.

Possibly. Can you provide some more facts about the easement, what it is for, etc. There isn't enough in what you wrote to understand what is going on. You do however have rights.

DCG

Customer replied 1020 days ago.

I dont know what do you need

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Expert:  David C. Garner replied 1020 days ago.

Who created the easement, what was it for, how are the properties situated with respect to one another, stuff like that. Where have you been parking? On his land?

Customer replied 1020 days ago.

The easement was made along time ago it was made so other property owners can get to the back propertys I am parking on my land the trailer is on my land this man is a developer that has the mentality that the 80 ft is his to do what ever with

Accepted Answer

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Expert:  David C. Garner replied 1020 days ago.

No he does not. If the eastment was created so he can access his property then that is what he can use it for, nothing else. It does not make that land his or give him rights to tell you how to park. You can't block it though. Is this like a driveway? Regardless, and easement does not make the land his.

Expert TypeAttorney
Pos. Feedback: 96.4 %
Accepts: 461
Answered: 8/6/2009

Experience: JD with Distinction, Admitted to practice in California

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