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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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Thank you for posting the Polk County, Florida question and

Customer Question

Thank you for posting the Polk County, Florida question and answer, our circumstances are pretty much like that person.
We bought property with a 2.5 mile easement in Idaho's mountains. The easement was routed so not to interfere with the farmer's wheat farming operation, at the edge of his fields through some steep terrain. We had the road built(crown, ditches, drainages, diversions and covered with grass, which is mowed). The farmland became CRP for 20 years, and 4 years ago was changed to grazing. The farmer's children fenced themselves out, and for 3 months we face heavy grazing with the cattle on our road. All of the above improvements have been largely destroyed. A 4wheel drive is a must with an ATV in inclement weather. We have been forced to stay in motels since we could not get home, nor can friends and family see us unless they own a 4wheel or we pick them up. It is not likely that an emergency vehicle can come up here any longer which is a problem since we are close to 80 years. Idaho has a right to farm law but since the family has gone into ranching, can they destroy the road and prevent us to use our home? Maintaining the road has not been a problem until 4 years ago, but this wanton destruction makes it financially and physically impossible. We do use a snowmobile in the winter.
Thank you for your help
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Expert:  Damien Bosco replied 1 month ago.

From what you are saying you are prevented from using your right to the easement. The right of way should be reasonably maintained so you should have continued access. Also, the property owner appears to be interfering with your right. So, you appear to have a case. Let me know if you want further to discuss the matter.

Expert:  Damien Bosco replied 1 month ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.