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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I live in Dona Ana County, NM and have a utility/road

Customer Question

I live in Dona Ana County, NM and have a utility/road easement in front of property. The road in front is paved but in heavy rains the street is a natural aurora and it becomes a fast moving river. We have lived in our house almost 10 years and have had to build up the front of our house, along the street, with medium rocks to prevent the water from taking out 3-4 feet of our property during heavy rains since the county has no intentions of doing anything about it. A county flood control person and road maintenance person both gave us permission to protect our property. The problem we have is a*****is across from us and their mailboxes are on our easement and they could care less what they do to our property. Owner refuses to move mailboxes even to front along road so they don't have to drive up onto our property. Some of their tenants walk over to get their mail but mostly they are rude and arrogant and have almost ran their vehicles into our fence a couple of times. We have ongoing problems with them throwing trash onto the property and when we do go up their to fix the land so the mailperson has no trouble delivering their mail they seem to delight in going back there and messing it up again. I should say there is a 14 foot opening with bricks lining the front of the road to keep the water running where it should. We take care of the front at our expense and time. Also there have been times when their tenants have run over the front rocks with their big trucks and sent them flying into the street where other cars could be damaged. We have put metal stakes every 3-4 feet in the rocks to keep them from driving over the rocks. We have even had off road vehicles drives all over the front because it was fun to do. What options do we have, if any, to get these mail boxes moved. The trailer court owners will not do anything and the post office thus far doesn't seem to help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.

Hello there-


You stated that the easement is a road / utility easement in front of your property. Does the easement extend to the owner of the trailer park or to the land that the trailer park is located on (easements generally "run with the land" -- meaning that the current owner of the trailer park is most likely not mentioned in the easement document -- the properties that are benefited by the easement are most likely listed in an easement document filed with the registry of deeds office in your county AND / Or the easement can also be drawn out on plat maps that are filed with the county as well. )


SO, does the written text of the easement document state that the easement runs specificALLY to the trailer park property and/or the owners of the trailer park property as well ??


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