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  1. #1
    sjohnson@ims-1. is offline Junior Member
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    easement issue over kids riding bikes

    What is the name of your state?What is the name of your state? Missouri
    We currently have easement for ingress and egress only granted by neighbor.
    The easement is a driveway that is shared by herself, me and one other neighbor. She is now contends that my kids and the neighbors children cannot ride their bikes up and down the driveway. This is inconsistent with the way she uses it. She allows her grandchildren to ride their bikes on it! She states our kids interfere with the quality of enjoyment of her property. She does not want them on the road or the grass which is part of the easement. Can she do this!!!!!
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by sjohnson@ims-1.
    What is the name of your state?What is the name of your state? Missouri
    We currently have easement for ingress and egress only granted by neighbor.
    The easement is a driveway that is shared by herself, me and one other neighbor. She is now contends that my kids and the neighbors children cannot ride their bikes up and down the driveway. This is inconsistent with the way she uses it. She allows her grandchildren to ride their bikes on it! She states our kids interfere with the quality of enjoyment of her property. She does not want them on the road or the grass which is part of the easement. Can she do this!!!!!
    **A: yes she can.
  3. #3
    sjohnson@ims-1. is offline Junior Member
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    Can we use the entire easement for vehicle traffic, or only the gravel part? And what about the law that states she can only prohibit what is inconsistant with how she uses it if she lets her grandkids ride on it.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by sjohnson@ims-1.
    Can we use the entire easement for vehicle traffic, or only the gravel part? And what about the law that states she can only prohibit what is inconsistant with how she uses it if she lets her grandkids ride on it.

    **A: read your recorded easement agreement.
  5. #5
    sjohnson@ims-1. is offline Junior Member
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    The easement agreement states as follows: for consideration of the sum of $1 paid and the receipt of which does by these presents grant, bargain and sell, convey and confirm unto the said parties their heirs and assigns the right of egress and ingress upon, over and along a private drive.

    Does the above statement give us any rights. This woman is a nightmare....
    My neighbor and I try to get along with her. She is the type that looks for things to complain about. Her sister lives next door to her and even she thinks she has lost it. She has nightvision cameras around her entire house.
    Here is where our neighbor and us started with her.
    #Complained about our small dogs in her yard.... we fenced in both yards
    #Complained about kids in her yard .... kids now stay out of yard
    #Complained about my daughter being in her sisters yard (she saw this on her camera ...... Her sister told her to leave her out of it and Ashton was only in her yard to ask her a question about her grandaughter.
    She is a chronic complainer and we are trying to get her to leave us alone.
    We were hoping we could use as leverage the fact that we could drive on the grass next to the gravel road if she didn't stop coming up with complaints. We are desperate to find a way to stop her....
  6. #6
    Shel77 is offline Member
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    Your kids are playing in the easment which is essentially her yard, so what if she allows HER grandchildren to play there. She obviously has the right to claim that it disturibs the quality of enjoyment of her property, why should she have to deal with your kids in her yard? I can see why she would not want them riding or playing on the grass as it will eventually destroy it (the grass). As far as your list of complaints that she has had, I think they are all very reasoniable except the one about your kid in the sisters yard. I would not want others children or dogs in my yard without permission either. You can use the easment to access your property, which I am assuming is landlocked. Why don't you keep you children on your property and leave this woman alone.
  7. #7
    Shel77 is offline Member
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    "She is a chronic complainer and we are trying to get her to leave us alone."

    Sounds like the only complaining she is doing, has to do with you wanting to take over her property.


    "We were hoping we could use as leverage the fact that we could drive on the grass next to the gravel road if she didn't stop coming up with complaints."

    So you want to threaten to destory here property if she doesn't want your kids in her yard.

    We are desperate to find a way to stop her....

    Sounds like she is desprate to find a way to stop you.


    You need to understand you have an easement you do not own this womans property And have no right to it other than for ingress and egress. Like I said stay off her property unless using it for that purpose or move to a place that has it's own driveway.
  8. #8
    sjohnson@ims-1. is offline Junior Member
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    Ok now that you have that off your chest, could someone please answer my question about what our legal use of the easement is as stated in the contract in the earlier post. Can we drive on any part of it or just the gravel**************. We wouldn't actually do this, we just want some leverage.

    If She177 thinks she's a sweet lady, give me your address and I'll buy her a house next to yours. I only mentioned a few things.... She tries to tell us what we can do on our own property too**************

    We live in the heartland of Missouri where everyone tries to get along and be good neighbors. We have done everything she has asked us to but it will never stop.... She doesn't even want us walking up the easement to our mailbox!!!!!!
  9. #9
    PghREA is offline Senior Member
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    The easement agreement states as follows: for consideration of the sum of $1 paid and the receipt of which does by these presents grant, bargain and sell, convey and confirm unto the said parties their heirs and assigns the right of egress and ingress upon, over and along a private drive.


    This paragraph says that you are allowed to exit and enter your property by way of the private drive. Your children may ride their bikes on it to get into or out of your property. However, it does not give them permission to play on it.
  10. #10
    HomeGuru is offline Senior Member
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    Now that makes sense.
  11. #11
    sjohnson@ims-1. is offline Junior Member
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    Thanks HomeGuru and PghREA. We will just have to follow her rules as the law states. Hopefully I can get SHE177's address and move the "nice lady" next door!
  12. #12
    Shel77 is offline Member
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    I never used the word's "nice lady" and never assumed that she was, I was simply making the point that she is right and you are wrong.

    And I did anwser your question;

    "You need to understand you have an easement you do not own this womans property And have no right to it other than for ingress and egress. Like I said stay off her property unless using it for that purpose or move to a place that has it's own driveway."
  13. #13
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Shel77
    I never used the word's "nice lady" and never assumed that she was, I was simply making the point that she is right and you are wrong.

    And I did anwser your question;

    "You need to understand you have an easement you do not own this womans property And have no right to it other than for ingress and egress. Like I said stay off her property unless using it for that purpose or move to a place that has it's own driveway."

    **A: I agree.

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