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Question

we bought 20.34 in arkansas their is an easment on our propert that runs almost the entire long part of our land our neighores behind us had this put in cause they didnt like the other easement road but now they are causeing problems they are distroying our property , hunting without promission, moving land markers, and now have threatened to posion our live spring. this is NOT the orignal easement road but it is recorded as an easment can i shut this road down and make them use the other easement. to keep them from causeing damage to our property and to us they have already pulled guns on us and i want to keep them off our land. plus where the easement road is is the only level spot where we can put our septic tank to keep it away from our live spring.

Submitted: 17 days and 7 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Arkansas

Already Tried:
i have called the sheriff on them pulling guns on us , i have talked to the court house where one guy in the 911 cord office said i had every right to close the road if i had to i have talked to the realiter and he said i could move it if everyone agrees but i know the other party aint going to agree but i have to protect my self , my kids, and my animals, and land i want to shut the easement road down so they don't go threw my property damageing it or the live spring

Posted by D. WINOGO ESQ. 17 days and 7 hours ago.

Answer

Yes, you can sue them to extinguish the easement and for any damage they cause. Legally, even if they have an easement through your property, it is inappropriate and illegal for them to damage or destroy the property on which the easement exists.

17 days and 7 hours ago.

Reply

do i have the right by arkansas law to shut that road down ??

Accepted Answer

Yes, if they are damaging the property you can shut it down to prevent any further destruction. You still must go to court to permanently extinguishe their easement.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 11/5/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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