Accepted Answer

Hi XXXX

As New Haven CT public works Dept. is the actual owner of this easement, they have the duty to maintain the easement. Having ownership/interest in the easement creates a duty to maintain this easement. The neighbors who are tearing down fences that I assume were built for the very reason you mention (safety, for children), should be reported by first notifying the New Haven CT public works Dept. As they are a government agency, you can probably get action much quicker. Tell them what the neighbor is doing. This could easily be solved by one phone call.

However, in my experience, it is not that easy, so you need to consider other options. You can call the police and report vandalism on public property. You can call the assessors office, ask for a copy of the easement (if you do not have a copy with the easement on your deed), and while talking to the assessors office, or even going to the office, you can let them know of the circumstances as well. However you obtain a copy of the easement, simply send a letter to your neighbor, and explain this is a recorded easement, and they will be reported if they do not stop this behavior.

Easements always cause disputes. It can be difficult to solve these disputes. In your case, you have the law clearly on your side. Most easement disputes are over access between neighbors that are not clearly spelled out in recorded deeds.

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