easement issue

[freeflyer]

What is the name of your state? Missouri

I am having issues with the man who owns the property in back of my home. He also owns the property on the west side of my 1.8 acres. The issue concerns the easement that goes through my property on the west side. He has told the people who lease from him that they have rights to use the easement and the land 30' from center to each side of the easement anyway they wish. They ofton send their children over to play on the easement and 30' into my yard. They are noisey and throw the gravel into the yard. I was told by my insurance agent that this could cause a problem if any of those kids were injured on the easement or grass. I stated to the man who owns the house that I do not want his renters children playing on the easement nor do I want them in the grass. He told me that the easement gives him rights to my property and that he is now going to put up a fence 30' from center of the easement towards my house along the length of the easement from the farm road to the line that seperates our property. I believe he does not have this right as the property is mine and had told him so. He says we can argue this in court. What are my rights concerning the portion of easement that runs through my yard? Can he legally erect a fence through my property. The easement is an easement by necessity. I believe he should move this driveway easement on to his property that runs along the easement on the west side as that property also has frontage along the farm road. The property that is in back of me is not landlocked as I have stated he owns the property on the otherside of the barbedwire fence that seperates our property. The easement was put in by the folks whom I bought from as they also once owned the property in back. The easement has been there for 3 years.

 

[orchardist]

I am >not< an expert, but have been wrestling with neighbors & easement issues for years now. It is my understanding that an easement is a property right, but only for purposes stated. That is, if it's for ingress/egress & utilities, children's play area is not included. (Though riding their bikes through the easement on their way someplace else would be included.)

To change it, you'd have to execute a legal agreement, and it would have to be filed at the appropriate repository (same place as the deed). Just arguing that it isn't necessary won't be enough to extinguish a properly executed easement. Probably you'd have to pay the other owner for the privelege to end the easement, and that only if the owner were agreeable to same.

I know this because when I was purchasing, I insisted on a change in easement as a condition of sale (as per advice of my attorney, and I'm glad because it would have caused huge problems if that hadn't been done).