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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 37827
Experience:  16 years practicing criminal defense.
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In regards ***** ***** prescriptive easement through one landowners

Customer Question

in regards ***** ***** prescriptive easement through one landowners land to another's. Can the land owner where the easement runs through set new rules after decades of no rules about traveling over the road such as speed or type of vehicle?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Barrister replied 2 years 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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Can the land owner where the easement runs through set new rules after decades of no rules about traveling over the road such as speed or type of vehicle?
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As a general rule no. When someone gains a prescriptive easement to cross over the property owned by another, there is not any inherent restrictions on their personal use. However if the easement holder attempts to expand those easement rights for something like commercial use, the landowner can file a quiet title lawsuit and have a judge set any specific limitations on the use.
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But as for speed or type of vehicle, no, the underlying property owner doesn't have the power to impose conditions on its use as long as it is not damaging their property. If the easement holder was causing damages or creating a nuisance, the property owner could file suit for those damages or for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
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Again, the judge would then award any damages and could order an injunction to prevent the easement holder from continuing to create a nuisance and to abate the one that currently existed.
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thanks
Barrister