How can I revoke an easement right of way that runs through my property? Or can I put up a fence at the other property owners expense since they keep treaspassing?
Nothing we just purchased the rural property 1 1/2 years ago. It's a weekend get away and the easement road gives them full access to my cabin and all the property. I have caught them off the easement several times now and don't know what my leagla rights are.
Hello,Typically a property owner cannot obstruct an Easement right of way. The ROW gives the holder the right to access. The easement can be extinguished by agreement. It can also be extinguished by abandonment of the easement or cessation of the purpose of the easement.
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None of those thing are going to happen, so what can I do to protect myself as the property owner? Trespassing off the easement is illegal.
Hello,You can fence in the property to prevent straying off the easement.
At their expense?
I din't get your last answer?
Hello,No - at your expense.
So Trespassing laws don't protect the property owners?
Didn't receive your last answer again.
Hello,This is not a live chat. It takes time for me to receive your answer and respond.If they cause damage you can file an action to recover the damage that resulted as a result of their trespass.
What if they get shot as we're in our blind hunting and they are entering the property? The property is very small and a bullet could reach the easement road. And they're driving in affects our hunting, can we set restrictions?
Hello,If your bullet can reach the easement road, it would constitute criminal negligence for you to shoot in that direction. If they have an easement, they can use the easement subject to only the restrictions set forth in the easement.
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