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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33095
Experience:  12+ yrs. of experience including real estate law.
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WE JUST BOUGHT PROPERTY AND THE NEIGHBOR HAD BUILT A TREE HOUSE

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WE JUST BOUGHT PROPERTY AND THE NEIGHBOR HAD BUILT A TREE HOUSE WITH ALL THE KIDS BIKES PARKED UNDER IT WHICH IS ON OUR PROPERTY BUT WITHIN THE 30 FOOT ACCESS EASEMENT TO ACCESS THEIR PROPERTY. WE SEE THE TREEHOUSE WHICH IS CLEARLY ON OUR PROPERTY AS A LIABILITY AND WANT IT REMOVED ALONG WITH THE STORAGE OF THEIR POSSESSIONS. iS THAT A REASONABLE REQUEST?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I want to make sure I understand...the tree (on which this treehouse is located) is on land that belongs to you but is subject to an easement? And if that is accurate, this easement...what is it for? Access?

Customer: replied 3 years ago.


Yes, access only. Our property boundry is on the other side of the tree, in otherwords, the tree is clearly on our side of the property. The easment is for access only and they have a paved driveway on the otherside of the tree. So the tree itself is on grass and closer to our side while the paved access is on the otherside of that tree closer to their property, but both are on our property officially. No one lived there before so thebuilt a kids tree house with fence like decorations all around the tree and still have all of their bikes parked under it.

Then you can demand they remove it.

The law on this matter is clear. When a person owns property, they are free to do what they like with that property (so long is the use is consistent with federal/state/local regulation).

That includes preventing others from improper use of the property

What you describe, you are a property owner that has an easement in favor of your neighbor. Not uncommon. But an easement is a limited property right. Basically, as the property owner, you own the property and you are free to use the property as you like (again, subject to regulations)...and you can enforce this right against others.

The neighbor has an easement...he has the right to use the property SUBJECT TO THE EASEMENT.

SO, for example, if the easement was to allow construction of a treefort? Then he would be fine...but I doubt that the easement provides for that.

More likely it is a transit easement..it allows travel across the easement from a public road to their property.

They can do this...all day long. You can not stop it.

But the easement does NOT give them the right to build a structure on the property.

YOu can demand they remove. IF they refuse, you can remove it yourself, and bill them for any costs you incur

let me know if you have more questions, happy to help if I can

Customer: replied 3 years ago.


Thank-you, I appreciate your answer

You are welcome

Best of luck

Phil

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