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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33716
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Access to my property is through a road easement. What rights

Customer Question

Access to my property is through a road easement. What rights do I have to maintain the road easement in a safe and drivable condition
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If you have an easement over another property owner's property, then legally it is their duty to maintain the easement in the same condition it was when you received it unless the written easement language states differently.
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If the underlying property owner is not maintaining the easement route, you could have grounds to file suit against them for breach of contract for failing to do so and seek a positive injunction to force them to do so or reimburse you for any costs that you have incurred in maintaining it.
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But if you are wanting to voluntarily maintain the easement route by doing anything to change it like graveling or grading, you would need the written permission of the underlying property owner before you could do so.
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However, considering that you want to voluntarily undertake a burden that the landowner is legally responsible for, I kind of doubt that they would object..
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thanks
Barrister
Customer: replied 1 year ago.
My neighbor keeps piling large loads of dirt on the road to act as a speed bump. This makes travel over the bumps difficult and somewhat dangerous. Also causes my car to scuff
on the dirt. We are friends but he claims the other folks who use the road drive too fast and create a lot of dust. What can I do?
Expert:  Barrister replied 1 year ago.
You could file suit against him for violating your rights to use the easement without any obstructions or encumbrances if he won't voluntarily remove the speed bumps.
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As the easement holder, you have the right to unobstructed use of the underlying land.
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If you didn't want to jump right to litigation, you could have a local attorney send him a "cease and desist" letter threatening to sue if he didn't remove the bumps.
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What effect this will have on your friendship, I can't say..
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thanks
Barrister

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