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The first customer question on this page sounds like the…

Customer Question
The first customer question...

The first customer question on this page sounds like the problem that I am having but I am the holder of the easement deed. We have spoken to dot about sign placement on the edge of my drive way and they said that we could place a sign within 15 foot of the hiway on the edge of State easement and my easement. The property owner on which the easement crosses has removed the sign that was placed with in the easement and the property owner lined the easement with rocks painted purple. and the sign was place on the easement side of the rocks . is it not against the law to do this and the person is not acknowledging the easement that had been in place for over 70 years previously made by my grand father, owned by my mother and now me. I know that I am the dominate easement holder. and yes the adjacent question does sound like the problem we are having as I own the property the atv park is on and that all but 100 yards of the easement is on the last 100 yards approx is what attaches to the highway. the deputy sheriff has been by and now has a copy of the deed in question and a copy of the surveyors map. what do I do under the circumstances I have complied with the authorities and the property owner next to me has not so far.

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

Missouri, Washington County

Lawyer's Assistant: Has any paperwork been filed?

What type of paperwork? the deed was filed in 2003

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

The person in question also stated that he had no problems until my husband moved out here. We were married in Jan of 2003 and the property is in my living trust. I inherited the property and it has been in my family for over 100 years. the property adjacent has probably been my husband's cousin and her husband's property about 30

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 33 minutes by:
10/2/2017
Real Estate Lawyer: Lucy, Esq., Lawyer replied 10 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Does the easement give you the right to "exclusive" use and enjoyment of the easement? Can you clarify whether the rocks are physically on the easement or lining the outside?

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Customer reply replied 10 months ago
non-exclusive, the rocks are lining the outside of easement. I have no problems with the rocks, signs, or game cameras that face the road and photograph every person that comes into my property
Real Estate Lawyer: Lucy, Esq., Lawyer replied 10 months ago

I apologize. I thought it said above that you wanted to know if it was illegal for him to add the rocks and the sign. If you're OK with those things, what behavior are you concerned about?

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Customer reply replied 10 months ago
he has also stopped several of our customers and pointed to the property on either side of the easement telling them " see that property , it is mine" and the customers are pretty weirded out by it.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 10 months ago

He can't interfere with your business. Easement or not, that's tortious interference. He's not allowed to stop people from entering your business with the intent that you lose money as a result.

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Customer reply replied 10 months ago
I will check back later either here or in my email for answers. We also have the deputy sheriff doing a follow up since talking with him this evening.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 10 months ago

I responded about 40 minutes ago. Was waiting to hear from you before continuing, because I want to make sure I'm addressing your concerns.

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Real Estate Lawyer: Lucy, Esq., Lawyer replied 10 months ago

Do you have any other questions about this?

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