Easement Questions

[cricket140]

What is the name of your state?Idaho

There is a 30 ft wide easement across my property to reach another property. The new people, who have bought the other property, say they "own" that 30 feet and they can "do anything they want to with it including pave it and we can't do a damn thing about it" Is that true? they can't possibly own 30 feet of my property can they? No one has used that easement in over the 20 years that we have lived here. Everything, including landscaping, is in the same place as when we moved in. Can they make us move trees, and fences, etc.?

Would appreciate insights
Thanks

 

[FarmerJ]

Exactly what does the easement grant them ? Does it say it is for ingress and egress? does it give the other party any right to improve or maintain the easement? carefully review the documents if there is any part of them you dont understand do not hesitate to use the sites consultation services so you can understand exactly what the easements wording covers.

 

[cricket140]

easement questions

The easement says, " an easement for ingress, egress, utilities, irrigation and drainage." It then gives the legal description of the easement.

 

[FarmerJ]

Then since your neighbor has it set in his brain he can do as he wishes I suggest you use this sites legal services to locate a real estate atty who you can have create for you a letter that may help him understand what ingress and egress mean as well as pointing out that the easement he benefits from doesnt give him any right to change anything on your land and that if he does the atty can explain in the letter that you will sue him for any damage he does to your property with out your consent. Yes this means having to pay to have the letter done, but if the guy is that much of a bonehead perhaps then a letter from a atty is the only thing that he will understand. DO take pictures of the area and have them dated so you can create some sort of record of what it looks like now should your neighbor decide to damage your property before you finish up seeing a atty. Look at it as a preventative measure.

 

[cricket140]

I really thank you for your insights and help.

Cricket