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Easement Rights and Responsibilities ?

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Grayson99

Junior Member
What is the name of your state (only U.S. law)? Virginia

My property holds a non-exclusive ingress-egress, access, and utility easement to a 30 ft wide strip of my neighbors property, immediately adjacent to my property, in Virginia.

--Am I permitted to cut the grass in this 30 foot easement? The easement says that costs of repairs and/or maintenance should be equally borne by those properties that are included (there are 5), but does not say who should undertake them. It also says that the necessity of repairs or maintenance should be decided by a majority of the lot owners.
--The easement land owner planted a row of trees on this property line. As these large evergreen trees grow up to 16 feet in circumference, they will be half on my property and half in the easement on his property. Is this planting a violation of the easement? Is it a violation of my property boundaries?
--The easement land owner has placed bricks, posts and signs in the 30 foot easement to force travel in a 10 foot strip only. Is this permitted?
--Because the easement is 'non-exclusive', are others (visitors, neighbors) allowed to travel over this easement?
--A bit off topic, but are there any remedies for harassing behavior? It is typical for the easement land owner to follow and scream at neighbors and visitors when they walk or drive on this easement.

Thank you in advance for your help!
 


FarmerJ

Senior Member
if he has narrowed the area that you have the right to use then I think the only thing that may make him see other wise is a threat of being sued , ( even though its a private road have you checked to see if the county was the one who made a rule that it had to b3 30 ft wide like for emergency vehicle use ? or school bus?) I suggest you and maybe other recorded users of the area speak to a real estate atty . As far as who gets to use it , if I were your guest he cant stop me from coming in and visiting you. As far as mowing It , unless the easement agreement forbade you to do anything other than use it with the way its worded now there should not be a problem if you mowed the section you use. If he is harrasing then call the police and report it. ( record it too like with your phone so you have something to show deputies some day )
 

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