Estate Law Questions? Ask an Estate Lawyer.
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Have you made a Police Report regarding the hit and run on your dog and speeding?
In this situation, you may want to file a Police Report about the dog being hit and also about speeding on the easement. There has to be a speed limit even on an easement if only it would be at a reasonable speed. For example, in the extreme, it would be highly unlikely that a vehicle is allowed to go 200 miles an hour on an easement. At least it could be considered reckless endangerment.Further, you may have a claim for damages in court for the dog although there could be some duty on your part to have the dog tied so it would not go on the easement. In any event, it is important for you to report it. Possibly, the Police would give a warning or ticket. If not, there would be a viable claim against the speeding even if you are not the dominant party. We can discuss more if you want to do so.
Generally, a Judge could consider all your requests that you list at the discretion of the court. In other words, a court would entertain your requests and measure the burden between both parties. So, yes to the movement, yes to reckless endangerment, yes to speed bumps and yes to the unlocked gate. Like I said, a Judge would look at the plusses and minuses affecting each party. We can discuss more if you would like to do so.
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Unfortunately, that would require legal action too because it could be considered a substantial change. Possibly the unlocked gate does not but if it effects the easement it could be considered a substantial change.
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I see. Have you attempted any legal action yet on the easement issue?
You do have a right to peace and can have a nuisance claim against someone if they are preventing you from doing so.