What is the name of your state (only U.S. law)? Minnesota
My neighbor and I live at the dead end of a cul-de-sac Township road with a 60' access easement between our property. (30 feet on either side of the center property line). The neighbors and surrounding community have accustomed themselves with making their own trail through our property to continue their hiking/biking/fourwheeling/snowmobiling, etc. as they so choose. My neighbor and I would like to restrict access to the general public as I feel they are not entitled to use the easement. The neighbors argue that it is a Right of Way (clearly it is not) and the Township owns it (clearly I retain private property rights and pay taxes on the easement), so they are entitled to cross. The neighbors have recently petitioned the Town Board to construct a "Public Trail" through the easement. And since I live in a small community, two of the Town Board members are also my neighbors!
The exact wording as recorded on my Deed is as follows: "Subject to an access easement affecting the westerly 30' of premises being reserved by the Grantor for itself and assigns." The Grantor in this case is The Township. The language to me is extremely vague.
I agree there is an easement, but I argue over who has the right to access my property. I feel "The Township" is a unit of local governmental entity and if they needed to access the land (for example to maintain a community well - of which there is none) then they certainly have the right - much like a utility easement. I do not feel that the language grants access to John Q. Public who likes to go hiking through my property.
Is there any legal recourse I have to restrict the "Township" from giving the general public the right to pass through my property? Or can they do whatever they want? In my opinion the odds are against me since two neighbors who like to use the trail are also on the Town Board making the decision.
Do I have a case? Any comments or advice is greatly appreciated. Thanks for your time.