How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34440
Experience:  30 years of real estate practice experience.
17897874
Type Your Real Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

Utility and access easement The new owners of the property

This answer was rated:

utility and access easement
The new owners of the property next to me have a rental unit (cabin) with lawn. storage shed and parking that are on our property that has a utility and access easement. the easement is for 2 propane tanks and gas lines to the cabin and main residence and additional water lines from a well also on the easement. The new owners use the yard, shed and parking as a vital aspect of their rental income. They disallow any compensation for me. I pay the property tax and have been maintaining our easement property regularly.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Lyons, Colorado
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is a generational property that was subdivided into 4 parcels of land in 1996. My mother sold the parcel of land next to our parcel. My brother and his wife are the new owners.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. While I am happy to speak to you, there is no obligation for you to accept the phone call offer, unless you want. I am also happy to continue online. So, there is no pressure to spend extra money.

Are you asking if they can use the easement area of your property for uses not included in the original easement agreement?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
no phone conversation just on-line.
Customer: replied 2 months ago.
Are you still there?

Thank you for the additional information.

No, an easement is only a right to use the the property for the specific uses in the easement agreement. If the easement agreement is only for utilities and access then that is all they can do and any other use is a breach and abuse of the easement.

Your first step is to send them a cease and desist letter demanding the stop using the easement for unauthorized activity.

If they refuse then you can remove any property of theirs not authorized to be on your property and sue them for money damages for their breach of the easement.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Customer: replied 2 months ago.
Our problem is the new land owners are getting rent for the cabin on their property. They are not willing to compensate us on the use of our land. It seems unfair that they can get money for the rent when we pay the property tax for our property that crosses on to ours.

Thank you for following up with me.

That is something you can address in your lawsuit and would be a potential measure of damages.

Customer: replied 2 months ago.
We need to handle this properly since we are all family. I can see how financial issues break up families and we need to avoid that.

Then appeal to your neighbor's sense of family. There is no way to force them to share if they refuse, other than taking them to court.

Also, you want to be careful about doing nothing, as that could prejudice your rights to object down the road. So, at least send the cease and desist letter.

Loren and other Real Estate Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks for your time, God bless.

You are very welcome. Thank you for using JA.