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  1. #1
    blocked is offline Member
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    blocking my easement

    What is the name of your state (only U.S. law)? Wisconsin
    I have an 18 ft wide easement to access the back of my property. the owner of the land keeps blocking it stating I have another driveway so i dont need it. It has been surveyed by me and her this year and now she is trying to build a fence for when the snow she has piled ther melt. may What are my rights to use it untill I get the cash to go to court (need $2,500 just to start)
  2. #2
    JustAPal00 is offline Senior Member
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    Have whatever she palces there moved and send her the bill! She has to go to court to get rid of the easement. If she builds a fence, take down the section blocking the easement.
  3. #3
    drewguy is offline Member
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    If you have an easement it is irrelevant that you have a second driveway.

    If you have title insurance contact them to determine whether they will assert your rights for you. My policy covers our easement and they would sue our neighbor if he started to block our easement as he has threatened.
  4. #4
    blocked is offline Member
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    She started parking across one end this fall(it is a rental property for her, she lives some where else and only started parking here this fall. She has owned it for 5 years) and dug a large whole we can still get thru when she is not parked first. Will need to start useing the extra drive all the time for another car we will be using full time after all the snow melt.s We have been told by the police that we should not stir her up and stay off untill we go to can go to court. Why is the laws on our side and we are being told if we want it we need to pay to use it? She has also been told she needs to go to court to keep us off.
  5. #5
    JustAPal00 is offline Senior Member
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    You should have her vehicle towed.
  6. #6
    FarmerJ is offline Senior Member
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    Have you sent her a certified letter reminding her that the language of the easement does not permit her to end your access to it ? take pictures of the blockage and have the photo shop date them and ask her to reconsider her actions and correct the condition on her own. BTW take pics often of the blockage so your able to show the court on more than one date it has been blocked.
  7. #7
    blocked is offline Member
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    We have been documenting the blockage. She will not respond to any request about easement rights. A fence permit was reqested to block the easement so it had to go to the city council for aproval. There are 2 easements involved one used by the tenents in the owners rental property, 5 homes daily and we have the same esasement and a nothe one that conects to our property.There have been a lot of police calls to our neighborhood. Three people have filed a suit allready about easement rights and blocking use. One other person lost the sale on a house and has not filed a suit yet and we have not filed yet. Many accusations were made and the permit was denied untill pending litigation is resolved. At the council meet the acusation was made that my documents are forged and I have no easement. She owns the land and you can not have a vihicle towed from someone elses land already asked.
    Last edited by blocked; 02-18-2010 at 10:42 AM. Reason: add statement
  8. #8
    mcheng is offline Junior Member
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    Who said your easement is forged? The land owner or city council?
    How many years have you used this driveway?
  9. #9
    drewguy is offline Member
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    Quote Originally Posted by mcheng View Post
    Who said your easement is forged? The land owner or city council?
    How many years have you used this driveway?
    A forgery should be easy to disprove through a title search. Yes, it may cost something, but if the easement was properly recorded it will appear in the chain of title for both of your houses (or should).
  10. #10
    blocked is offline Member
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    The property owner claims forged property desription and survey. At one point when property transfered ownership it was not recorded and was corrected the next year when a morgage was obtained. Documents prior to and after have shown the easement. I have the original abstract. I have been in my home for 13 years. Purchached with the intent to move old garage and use easement as main drive.
  11. #11
    FarmerJ is offline Senior Member
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    you wrote > She will not respond to any request about easement rights< any property who has legit easement over her land will also have it recorded to the title just like hers should have it recorded so , there is no reason to request any information from her , Its all public information that even you can go and read. If she claims to city council people it is a forgery then just insist that she must be able to prove it before being granted her permit. You said three others are suing her for same thing , why dont you bring coffee and treat over to the one who lost sale over it and talk about both of you seeing one of the three others attys, it might cost less this way since the atty would likely have already done some ground work and it may make a stronger claim when multiple parties are making same claim against another. BTW regarding her tenants, any act of blocking the easement done by a tenant she is still responsible for since its her obligation to permit the easement to be used as it was written.
  12. #12
    blocked is offline Member
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    We have all ready researched her property and ours at the court house. Both descriptions have an easement and both us had it surveyed showing the easement. The tenents do not block it she does by parking across it. room to park 12 cars in parking area even with all tenents home. The police are unable to do anything because it is her land even with the easements and surveys we have been told we can not have her move or remove anything she places in the easement. After it snowed she had snow plowed into it and the police say we cant't touch it.
  13. #13
    blocked is offline Member
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    The tree people are filing togather, we just do not have the money now and the other people decided to rent the house till the current suit is settled.
  14. #14
    csi7 is offline Senior Member
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    You will have to do research to see whether your local government has code enforcement of easement. A code enforcement officer can take your complaint if easement compliance is enforceable.
  15. #15
    blocked is offline Member
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    I looked and I can not find a code enforcement officer.
    She wants us arested if we use the easement.

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