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I am an easement holder on two separate servient estates.

The servient estates are refusing...
I am an easement holder on two separate servient estates. The servient estates are refusing us any use of the easement other than ingress/egress. They originally allowed us to leave our Kayaks along the bank, but are now refusing this. I am a disabled widow with an income of $11,400 a year disability income. What are my rights for easement use, and what are my options to resolve this situation? One of these servient estates tore down a dock that was originally built for the homeowners on this street's use. The original purpose and prior use of the easement was for docking vessels, fishing, and ingress / egress.
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Answered in 3 minutes by:
4/25/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,268
Experience: JA Mentor
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

They cannot take your easement away. An easement is a purchased interest in land, yours to use forever. It runs with the land, transferring from one owner to the next, unless or until the owner of the dominent estate buys it back from the owner of the servient estate. You are not trespassing when you use the easement for egress, fishing, or docking, because that's what it's for. You could actually file a lawsuit, requiring them to restore the dock even if they're not the ones who tore it down. This is because the easement says you have a right to it.

It may help to see if there are any legal aid organizations in your area that assist people with disabilities. You have a right to have the easement restored to the original purpose and use, and they may be able to help.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,268
Experience: JA Mentor
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Customer reply replied 1 year ago
if I were to leave my kayak in the water but anchored to the easement. or even leave my kayak on the easement itself, and she calls the police on me I won't be charged with trespassing? And, if I am charged with trespassing I can go to court and fight this?
Joycelaw
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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