Real Estate Law
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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.
When you say "easement" are you talking about an actual written recorded easement that shows up on a deed stating that you have a legal right to use a strip of land owned by someone else?
Who actually owns the underlying land that the easement is on according to the county land records office?
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I am more than happy to continue on the website though..
Ok, so can you provide the information I asked about? I kind of need that to continue...
Ok, the way an easement works is that someone owns a piece of land. Someone else has a right to use that piece of land, usually to enter and cross over to get to their land.
So who owns the underlying land that the easement is on?
Ok, so how would the new neighbor widen the easement route without encroaching on someone else's property?
An easement has a specific predetermined boundary...like 11 feet wide by 100 fee long and is normally recorded in the local land records office and shows up on an overhead plat of the area designating its specific location on the plat.
I am kind of picturing something like an alley that everyone uses to get to their property...
Ok, now I understand... And if you are asking if he can force you to agree to widen it, then the answer is no. This would require every property owner who borders the road to agree to give up a little of their land and allow all the other owners to have an easement over it. But if any one person refuses, then that would create a bottleneck, kind of like an extended hourglass shape because the holdout could prevent anyone from entering their property.
So the bot***** *****ne is that the neighbor can't force any other owner to widen the easement if they refuse. And if they enter onto your land without permission, they are trespassing, and you can file a formal criminal complaint against them for doing so.
Well, I might consider "drawing a line in the sand" and having a local attorney send him a letter stating that you will not be agreeing to any widening of the easement and any entry onto your property will be considered a criminal trespass and be dealt with accordingly...
Sometime you have to respond to pushy neighbors like this with a bit of force to back them off..