Easement

[nankel]

What is the name of your state (only U.S. law)? Colorado

In 2004 we bought property that had a hisitoric easement for the neighbor's property. This easement was for our irrigation pipe to carry our irrigation water to our property. The irrigation divider box is also on his land. There are 3 water shareholders on this divider box. In early 2009, the landowner decided moved the divider box (without our written consent). He also moved our irrigation pipe on his property to a new location on his property. He refused to do a new survey and easement. We hired a surveyor and had our attorney draw up a new easement and sent both off to the landowner. he refuses to sign the new easement giving us "excuses". Our concern is that he will be able to force us to remove our irrigation pipe from his land without a new easement on record. The only way for us to get our irrigation water is to have an easement on his property - only other property surrounding us is BLM land. Any suggestions?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Colorado

In 2004 we bought property that had a hisitoric easement for the neighbor's property. This easement was for our irrigation pipe to carry our irrigation water to our property. The irrigation divider box is also on his land. There are 3 water shareholders on this divider box. In early 2009, the landowner decided moved the divider box (without our written consent). He also moved our irrigation pipe on his property to a new location on his property. He refused to do a new survey and easement. We hired a surveyor and had our attorney draw up a new easement and sent both off to the landowner. he refuses to sign the new easement giving us "excuses". Our concern is that he will be able to force us to remove our irrigation pipe from his land without a new easement on record. The only way for us to get our irrigation water is to have an easement on his property - only other property surrounding us is BLM land. Any suggestions?

**A: yes, continue to use your attorney and send him a demand letter to execute the new easement docs so it can be recorded on title.

 

[nankel]

We already know that he will not sign this new easement. Our attorney has said that he will draw of a "Notice of Relocated Easement" and will record that instead. Should we be doing anything else to protect our interests?

 

[justalayman]

well, you could move the stuff back to within the easement.

 

[nankel]

It would be difficult to move our gated irrigation pipe back since he has gotten rid of his gated pipe and has put in a "huge" sprinkler system on the property.

 

[justalayman]

then sue him for the costs to restore the equipment to the condition it was in the place it was or sue him to seek an injunction ordering him to return the equipment to it's condition prior to his actions.

Maybe the threat of such an action will spur him to just sign the darned new easement agreement.