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abuse of easment on private road

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hendo2010

Member
What is the name of your state? ca

I live out in the country where there are 3 house on this private road, I am the 2 nd house in, the road is my property but there is an easment for my nieghbor to go past my house to get to his. the problem is they refuse to pay for any maintence on the road and drive very fast past my house 40 to 50 mph and have lots of traffic coming in and out all driving in my opinion to fast spraying gravel and taking out windshields on my autos, I did add some bumps in the road but only to have them shovel the gravel into the field , What are my rights? I have tried talking to them only to get more of an attitude and pretty much run off the road if they are coming the other way. I am not concerned about the money it takes to keep the road up but I find it to be a slap in the face to have no respect across my property and unsafe there have ben many close calls due to fast driving, WHAT CAN I DO?:confused:
 


TheGeekess

Keeper of the Kraken
Instead of speed bumps, put in potholes. Good, deep potholes, but only where they will inconvience the speeders (not the other landowner). ;)

Actually, that may not be legal, but it's my first impulse! I'm sure a senior member will be along to correct me. :p
 

FarmerJ

Senior Member
Stop maintaining your section of the road UNLESS the easement has wording in it requiring you to maintain it , If they have enough expensive repairs to there own vehicles maybe they will get the hint and slow down.
 

lex_advoc

Member
What is the name of your state? ca
To determine your rights go back with the easement provision. If hardly cannot grasp the proviso, consult a knowledgeable friend or a lawyer.
If they refuse to pay maintenance, they may have violated the easement, especially the servient owner's right (you). Confer with an attorney, then.
 

hendo2010

Member
I guess my main concern is if I put in some good bumps to slow traffic on my property do the nieghbors have the right to remove them since they have an easment, my plan is to post speed bump signs and use 4" pipe across the road with base mounded over the pipe
 

FarmerJ

Senior Member
If this easement wording only gives them the right to cross over your land with no right to maintain it or make any kind of alterations then if they do change , alter or do any thing else that can be construed as damage , have before and after photos with you when you see a atty and sue them. Even the simple act of them someday hiring a road grader to grade the driveway or adding gravel can be construed as damaging your property.
 

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