Easement use..

[jstevens16]

What is the name of your state (only U.S. law)? New York

We bought this property a little over a year ago, and was fully aware that there was a right of way easement along the side of our property. Allowing the neighbor behind us access to their property. All was well until the neighbor to our left (their property borders the easement on our property) and the neighbor behind us (who has use of the easement) started feuding.

The neighbor behind us built a fence along the driveway which crosses our property via the easement without my permission. When i expressed my concern about the fence he replied the he could do what ever he wants along the right of way.

The wording on our deed states. "To be used in common for all purposes of ingress and egress". nothing in the deed implies building rights.

Question #1
Am i correct in assuming he had no right to build the fence?

Question #2
Could i remove the fence from my property along the right of way?

 

[FarmerJ]

Your best bet is to use the links above and have a real estate atty review the easements language just to make sure that the easements language does not grant the user of it any right to maintain or do anything else to it other than cross over it , then to send that person a letter saying so and directing the neighbor to remove the parts of the fence that are on your property.

 

[justalayman]

is there anything in the easement wording that says; exclusive?


while even that would not allow the building of a fence, it does mean the neighbor can exclude you from using your own property.


if it is not exclusive, unless there is some allowance in the granting documents, he has no right to build a fence.


Now, the question of removing it:

legally, yes, you could remove it but the police have been known to do some really dumb things when it comes to things like this. They might see it as a matter of you destroyed the neighbors fence and you find yourself charged with a crime. While you would (or should) be exonerated, getting there is still a journey Im sure you do not want to take.


Your best action would be to go to court to seek an order from the court requiring the guy to remove the fence.