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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
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I own a small farm in TN. On the edge of our property there

Customer Question

I own a small farm in TN. On the edge of our property there is an easment of a gravel road that is used by the neighbor that has landlocked property behind us. He wants to dig up the road and have large rock placed then have it covered again on the road. There is nothing major wrong with the gravel road other than some worn out spots. he ordered 23 tons of large rock to have placed in the road. We have repeatedly told him that if he wants to repair the road, he can have gravel laid. He is now trying to have people come in with heavy equipment to dig up the road and make major changes. This will result in my property being flooded and isn't what we want. Can we tell him no? Can we prevent this?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  legalgems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 11 months ago.

The easement owner is allowed to make reasonable improvements to the road; so for example if they were willing to pay for it they could even pave it. However, any damage to the landowner's property must be paid for; and if the improvement results in flooding, then the landowner can sue for damages (property damages) and can apply to the court for an injunction requiring the easement owner to remove any improvement that caused the flooding. It would be best to hire an attorney and negotiate as to what is acceptable. But if the big equipment causes damage then the easement owner is liable.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.