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I own a property which has a 300' ingress/egress perpetual…

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I own a property which...
I own a property which has a 300' ingress/egress perpetual easement. The easement is part of my real estate title to the property. I am the easement holder and the dominant estate. The servient estate holder has no objection to what i do with the easement.
They don't use it. They have their own private road.
A few months ago I planted some bushes along part of the easement for privacy and to add to the beauty of the easement. The neighbor on the opposite side to the easement and has no legal claim to the easement... drove down my easement and destroyed my bushes to get to the rear of his property. This was totally unecessary since he has access from the front of his property and doesn't need to use my easement at all. He was drinking and said he has right to do that. I want to sue him for the damages to my bushes and i don't want him using my easement when he has no reason for other than being a bully. what can i do? I have an attorney, but i want some information before I see him.
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 7 minutes by:
2/29/2016
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am a little confused here... if the servient estate holder (i.e. the person who actually owns the underlying land) doesn't have a problem with the bushes, then how does the opposite side neighbor come into play?

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Are you saying that the neighbor trespassed on the servient estate holder's land and destroyed your personal property (i.e. the bushes)?

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And what claim of right does he have to damage your personal property? (does he have the right to use that route to access his land as well?...I think you said he doesn't.)

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thanks

Barrister

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Customer reply replied 2 years ago
No, he used my easement , which he claims he has a right. Because i don't own it. The point is he doesn't need to use my easement to get to rear of his property. He just decided to drive down the easement , then turn into his property and run over my bushes.
Initially, he claimed he was the serviant estate. When I askeed the county appraisers office, they said, no, he is not the land owner on the opposite side of the easement is. I talked to this fellow awhile back. He is the owner and doesn't care what I do with the easement.
I want to know if I can sue the homeowner who has no claim to the easement that destroy my bushes? What else is to know? I want reimbursement for damages and i don't want him using the easement so he can destroy my property. Are you an expert in this field?
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

which he claims he has a right. Because i don't own it.

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Ok, I was asking because it simply sounds too easy.. The neighbor trespassed on his neighbor's land and destroyed your personal property. He has no right to enter it unless he is an easement holder as well.

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I want to know if I can sue the homeowner who has no claim to the easement that destroy my bushes?

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Absolutely. He has no legal right to destroy your personal property and is apparently ignorant of the law about property damages. The landowner would also have the right to sue him for trespass to property if he wanted to do so.

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I want reimbursement for damages and i don't want him using the easement so he can destroy my property. Are you an expert in this field?

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You don't own the underlying land so can't prevent him from trespassing on the neighbor's land but can seek damages for your personal property. Only the underlying property owner can sue him for trespass and ask a judge to issue an injunction preventing him from entering the property under threat of contempt of court and 6 months jailtime.

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And yes, I have been a real estate law attorney for over 15 years.

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thanks

Barrister

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Customer reply replied 2 years ago
Ok, Fine. He can tresspass on the easement. When I sue him for damages to the property. I'm going to take that money, ok? and replant new bushes on the easement where i had them before he mowed them down. what can I do to prevent him from mowing them down again? Again, we go back to whether he has the right to access the easement for the purpose to destroy my bushes.
I would think a judge might ask if there was any other way he could access his property. He's doing this just to be an asshole.
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

When I sue him for damages to the property. I'm going to take that money, ok?

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Sure, he will be compensating you for damaging your personal property.

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and replant new bushes on the easement where i had them before he mowed them down. what can I do to prevent him from mowing them down again?

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Honestly, probably not much unless the landowner will allow you to put something in front of the bush that would wreck his truck if he drove over it. Like some re-bar driven down into the ground with about a foot left sticking up...

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Again, we go back to whether he has the right to access the easement for the purpose to destroy my bushes. I would think a judge might ask if there was any other way he could access his property. He's doing this just to be an asshole.

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The point is that he is trespassing... period. He has no legal right to be on the landowner's land unless he has permission from that landowner.

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Now, with that said, if you have to sue him twice for the same thing and win twice, you can ask the judge to issue a positive injunction against him stating that if he does it again, the judge will hold him in contempt of court and throw him in jail up to 6 months...

.

.

thanks

Barrister

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Customer reply replied 2 years ago
Everything sounds fine accept for tresspassing part. You said he has a right to use the easement , then you said he is tresspassing.
As the easement holder I can't stop him from tresspassing on the easement, but i can sue him everytime he uses it to access his property and as a result mows down my bushes. Which I, not the land owner can have a judge issue an injunction, correct?
Can I also put a gait on the easement to prevent entry with the serviant land owners permission?
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

You said he has a right to use the easement , then you said he is trespassing.

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No, I actually said he has no right to use the easement unless he too is an easement holder and what he is doing is trespassing:

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""The point is that he is trespassing... period. He has no legal right to be on the landowner's land unless he has permission from that landowner.""

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As the easement holder I can't stop him from tresspassing on the easement, but i can sue him everytime he uses it to access his property and as a result mows down my bushes.

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Correct.

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Which I, not the land owner can have a judge issue an injunction, correct?

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If he does it again, you can ask the judge to issue the injunction. It would then be up to the judge whether to do so or not.

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Can I also put a gait on the easement to prevent entry with the serviant land owners permission?

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Absolutely. As long as the underlying landowner doesn't care, you can do so. It is the servient estate holder's land and he can dictate what happens on it.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Everything sounds fine accept for tresspassing part. You said he has a right to use the easement , then you said he is tresspassing.
As the easement holder I can't stop him from tresspassing on the easement, but i can sue him everytime he uses it to access his property and as a result mows down my bushes. Which I, not the land owner can have a judge issue an injunction, correct?
Can I also put a gait on the easement to prevent entry with the serviant land owners permission?
This should conclude the question, thanks
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

I am not sure you are reading my responses correctly as I already responded to this post above... I will cut and paste it again in case you missed it...

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You said he has a right to use the easement , then you said he is trespassing.

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No, I actually said he has no right to use the easement unless he too is an easement holder and what he is doing is trespassing:

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""The point is that he is trespassing... period. He has no legal right to be on the landowner's land unless he has permission from that landowner.""

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As the easement holder I can't stop him from tresspassing on the easement, but i can sue him everytime he uses it to access his property and as a result mows down my bushes.

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Correct.

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Which I, not the land owner can have a judge issue an injunction, correct?

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If he does it again, you can ask the judge to issue the injunction. It would then be up to the judge whether to do so or not.

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Can I also put a gait on the easement to prevent entry with the serviant land owners permission?

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Absolutely. As long as the underlying landowner doesn't care, you can do so. It is the servient estate holder's land and he can dictate what happens on it.

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 2 years ago

Were you able to see my post above...

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If so, did you have any further questions I can help with?

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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