Do , I , have...
Do , I , have the right to install fencing to keep trespassers off my easement
? The easement is described in my legal description of land on official title of property , I , own and for which the easement was purchased to serve . This ( " The Easement " ) was established in written form in the year of 1978 as an established easement for the sole purpose of ingress and egress over the land of another land owners property ( the property owner who , was the owner of the time period of origination of the easement and who , executed the origination of easement and who also recieved financial compensation. ( as in a single purchase payment for the easement as found on record as recorded on official easement description reciept for same as well as for the act , which is also recorded in the County Property Records . ) At the time of origination it was agricutural farm land that the established easement went through . Now many years later transfer of land ownership that easement goes through has changed at least twice that , I , know of in the last twenty years and with the existing owners now who have built a house( purchased land in 2007 ) near the easement , I , find them constantly trespassing onto the easement . They argue that they can be on the easement at anytime because they own the land that the easement sits on . Is this true that , they, can be on the easement because they own the land the easement sits on ? Before they finished building thier home , I , complained to the County about them not having thier own driveway to thier property from the roadway that was right in front of thier house being built . It seemed they were going to access thier home by entering the easement that sets to a 90 degree angle to thier house and then after entering the property after driving 75 feet on the easement they would make a 90 degree turn onto an adjoining driveway to the easement from thier garage that would be about another 60 feet away . When , I , reminded The County that this was my deeded easement to my property and that new owners seemingly had plans
to attach themselves to it and that no one had told the new land owners about ( or so it seemed at the time by the new owners actions that , no one had informed them to stay off the easement ) " The Easement ", the County then gave them a cut off the road in front of thier house so they could have thier own driveway which is then what they built instead of attaching themselves to the easement . Can , I , fence the easement ? What are my rights to protect the easement and how do , I , get people to stay off of it ? I put up " No Trespassing " signs before new owners got done building the existing house but , the occupant owners will not quit getting on the easement . I have called Police ( Sheriffs County Officers ) repeatedly for them being on easement and they come out and tell them to stay off the easement and then they tell the officer they own the land and they dont have to stay off of their owned land and then the officer comes over to my house that sits two to three acres away and tells me what they said . So what can I do ? I have thousands of dollars of maintenance
costs on this easement over the last fifteen years and , I am watching others wear it down with thier riding lawn mowers and putting ruts in the gravel which eventually lead to big depressions which become damaging to drive into because they become deep holes created from land owners on either side of my 20 feet wide by approximately 600 feet long easement ( driveway ) which we use frequently numerous times everyday to get to and from our home which has been here since 1984. What rights do , I , have to stop all this trespassing going on everyday ? Even thou the new owners did not attach thier driveway to the easement in 2007 when they built thier house they , instead defy the easements existance as being a part of a dominant estate . Just how private is this easement ? Do , I , have the right to protect it from the land owner ? Do , I , have a legal case that would grant me property ownership of the easement ? Do , I already legally own the easement ? Can , I , inclose the easement with fencing even thou , I do not own the land ? Thankyou for your help . Signed ; Jeff Taska [email protected]
P.S. I live in Indiana .