Easement Law

[dearpatty]

What is the name of your state (only U.S. law)?Michigan
There is a 66 foot easement across the side of my property so the person that lives behind me can reach his landlocked parcel. Can another person use THAT easement to cross the property behind me to then reach their property?

 

[FarmerJ]

it all depends on how well a recorded easement over your land is worded. If it only grants exclusive use to the one right behind you then you would have to speak to a atty to learn what would be involved in getting any other party to stop using it. Do some research to see what this easements language is then next thing that can help is to determine if the other parcel your asking about has any other way to access a public road such as for example them being on say a township road or if its other way and they too have no other access and would be landlocked unless they used that easement thru yours and the other parcels land. Having that information before you see a atty could help reduce the cost of getting help if you choose to go that route and have take legal steps to stop the access.

 

[154NH773]

so the person that lives behind me can reach his landlocked parcel. Can another person use THAT easement to cross the property behind me to then reach their property?

You are being too vague. How many properties are behind you, and is it a separate property owner that is now trying to use the easement, or is it a guest of the neighbor. If it's a separate landowner, does he have some other access?

There's no real "easement law". As Farmer said, you have to read the easement agreement or deed, and determine from the language what is permitted. If the language is ambigious, then a court will have to determine what is permitted.

 

[dearpatty]

Thank you both for replying. I will have to go back to our agreement when we brought the property, as the easement was already in place.
As for "who" the players are in this case: The man (I'll call him Jim) who owns the landlocked property behind us uses the acreage for growing hay. He accesses his property about 4 times a year.
The people who are using it now own a dairy farm across the road from us. They have a hay field on the other side of Jim's landlocked field. They do have access to that field from frontage on another road about a mile away but save about 1/2 mile if they cross our property.

 

[OHRoadwarrior]

You could always post it "No Trespassing Authorized Entry Only". See what happens, if it bothers you.

 

[justalayman]

If the easement is granted to Jim for access by him or his agents to access his property, then the other guy is not allowed to use the easement to access his property.

and just in case Jim says I said he could:\

Jim cannot extend rights given to him to others (unless specifically allowed to do so) so it doesn't matter what Jim said was alright. It is your property and Jim only has the rights afforded him in the easement documents.

since this is in Michigan, you have to give notice to possible trespassers to be able to claim they are trespassers. I would post a sign as suggested but I would also send a letter to the milk farmer specifically telling him he is not allowed to trespass on your property. Once you have done that (barring there isn't something in the easement documents allowing him to use the easement or allowing Jim to allow it) you can call the police and report the trespass.