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We have an ingress egress for an easement. In the past the…

Customer Question
We have an ingress egress...
We have an ingress egress for an easement.
In the past the owner has used the easement for the traffic of the city baseball league to take private lessons and have teams practice on his land.
The players families have been known to park on the easement and the people have driven on our property and some of them have jumped our fence . We have had them on our property sitting at our fire pit in our lawn furniture.
The owner of the land is using it for commercial purposes now.
He has built a business behind our home and the employees use this gravel easement to go to and from that building.
These people speed up and down this lane, and they have large equipment driving on the easement.
We have children, grandchildren and pets in this area and they do not respect our privacy or our property.
We ( myself and 2 neighbors that live on this Lane) have maintained the easement, for well over 10 years.
What can be done about this situation?
Submitted: 8 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/12/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,571
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Just so I am clear...you and the other homeowners own the underlying land that has an easement on it in favor of this other guy who is using it for commercial purposes, correct?

.

Do you have a copy of the written easement?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
We are the landowners that have rights to the easement. Yes, it was included in our closing.
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Ok, so you are the ones who have ingress/egress rights... If the owner is allowing activities on the underlying land that is interfering with you accessing your property, that is a violation of your property rights and you would have a right to take action to protect those right.

.

That can be by sending the property owner a certified letter about this and threatening to sue, or having a local attorney send a more strongly worded letter, or by actually filing suit against them and seeking an injunctive order to prevent them from using that area for commercial purposes.

.

But as for people entering your land, that is a trespass and you can call the police or sheriff to have them removed and cited if you have your land posted as private property and have no trespassing signs up..

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Typically a middle of the road approach works best with a local attorney sending a letter threatening to sue the landowner if they are allowing actions that interfere with your rights to enter or leave your property...

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,571
41,571 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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