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Utility and access easement The new owners of the property…

Utility and access easement The...

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.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Lyons, Colorado

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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.

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Answered in 2 minutes by:
8/15/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,749
Experience: 30 years of real estate practice experience.
Verified

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.

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

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Customer reply replied 11 months ago
no phone conversation just on-line.
Customer reply replied 11 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.

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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.

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Customer reply replied 11 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.

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Customer reply replied 11 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
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,749
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 11 months ago
Thanks for your time, God bless.

You are very welcome. Thank you for using JA.

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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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