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I have an easement question- Our neighbors have an easement…

Customer Question
I have an easement...

I have an easement question- Our neighbors have an easement over our property for road access. they use it to go to their campground behind us. Can they drive unregistered vehicles on our property (their son who is under 18 and does not have a driver licence yet has a loud ATV and now has a loud pickup and is using it on a daily basis)

Lawyer's Assistant: What state is this in? And how old is the truck?

California. truck is old, may be pre-smog (pre 1974) but i am not sure

Lawyer's Assistant: Has any paperwork been filed?

Doesnt have a muffler

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

No this is the immediate questions as it has been happening on a daily basis now

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
8/31/2017
Real Estate Lawyer: Ely, Counselor at Law replied 11 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. The answer depends on the language used (or not used) in the easement.

1) If the easement is specific as to what vehicles are to be used, then they cannot, assuming the language bars them from using such a vehicle.

2) If the easement is not specific as to what vehicles can be used, then arguably they can, because they can utilize whatever method is reasonable to use the easement for its intended purposes, which includes using an unregistered vehicle. There is no rule that says a vehicle may be not be used on an easement unless it is fully compliant with local registration law.

HOWEVER, if it is the NOISE that bothers you - something can be done about this. Reply and let me know, and we can discuss.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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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.

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