Neighbors Easement Across My Property

[jpitts]

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

When I purchased my current property one of my neighbors had an easement which granted him access across my property in the form of a driveway. The original easement was to his father who had passed away many years before I owned this property. This neighbor claims that the easement is his property to do with whatever he wishes. I disagree. The police have been called numerous times, he has been arrested for threatening to kill one of my family members. My question is, is there a way to take that easement away or what should I do?? Im at a complete loss with this a**hole.

 

[justalayman]

before you start calling him an a hole, you need to know if you are correct or not and that is impossible to determine based on your info posted.


you will have to review the document that created the easement. While as long as it is an easement, the neighbor is not correct in making the claim it is his property but everything else has yet to be determined.

So, you need to find the document that created the easement and read what it provides and to whom. It may or may not be included in the deed you received when you bought the house. It could simply be included by reference but until you have that, you have no way of proving anything.

 

[154NH773]

The advice you have received is correct.

An easement can be granted in several ways. It is most common to grant an easement that is appurtanent to the title, and survives basically forever, no matter who owns the land.

An easement can also be granted to only be in effect for a particular time period or only benefiting a specific individual. It is known as an easement "in gross".

Easements are granted for a purpose, which is usually spelled out in the wording of the easement. The dominent tenant (your neighbor) can only utilize the land contained in the easement for the purposes spelled out.

You cannot, generally, "take away" an easement.

As you've been told, you better find out exactly what the language of the easement states before you accuse the other party of being an a***. You may find out that you are wrong, and could be liable if you've prevented him from utilizing the easement as he's entitled.

 

[drewguy]

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

When I purchased my current property one of my neighbors had an easement which granted him access across my property in the form of a driveway. The original easement was to his father who had passed away many years before I owned this property. This neighbor claims that the easement is his property to do with whatever he wishes. I disagree. The police have been called numerous times, he has been arrested for threatening to kill one of my family members. My question is, is there a way to take that easement away or what should I do?? Im at a complete loss with this a**hole.

1) With respect to the easement, do what others have advised. As noted, based on the information you've provided his rights probably are to use the specificed part of your land as a driveway.

2) With respect to threats and unruly behavior, that has nothing to do with an easement and the police should be asked to get involved as appropriate.

 

[FlyingRon]

Please do not put profanity in your posts here. Continuing to do so will get you kicked off.

The easements run with the land, so it matters not that he isn't the owner it was granted to.

He can use the easement for the purpose specified. If it was for a driveway (without further restriction), then he can use the driveway as one would customarily use driveways in your jurisdiction.

Being a jerk is not grounds for rescinding property rights. Threats, if criminal in nature, should be referred to the police.

 

[csi7]

Check into your county and local government codes for easement and property codes.

Also look at the property survey for information on it.

You really do have to leave your emotions aside when you are researching issues as volatile as this is.

I have been working on my easement problem for several months. I just recently got the power utility company to help by showing them the public record of our property survey, the one shown by the county records, and asking a lot of unrelated questions to get suggestions.

I have had to deal with people who I had worked with in the past and some of them are not going to help, even when their bosses get involved. I just keep track of who helped in what way.

This is not about the other person. It is about having the use of the property for yourself.

 

[jpitts]

In the deed I recieved it states that an easement was granted to this guys father in the form of a driveway. I believe it is for 50 years an was granted to them about 20 years ago...so it sounds like im gonna have to deal with him for another 30years?? Also the property has been surveyed 3 times in the past 20 years because after it gets surveyed, my neighbor in question goes back and pulls up the pins left by the survey men and moves them in his favor. I think what I am going to have to do is get it surveyed a final time and put a fence up around the entire property and hope that will solve things.

 

[justalayman]

what you really need to do is read the document that granted the easement and not guess.

 

[TigerD]

In the deed I recieved it states that an easement was granted to this guys father in the form of a driveway. I believe it is for 50 years an was granted to them about 20 years ago...so it sounds like im gonna have to deal with him for another 30years?? Also the property has been surveyed 3 times in the past 20 years because after it gets surveyed, my neighbor in question goes back and pulls up the pins left by the survey men and moves them in his favor. I think what I am going to have to do is get it surveyed a final time and put a fence up around the entire property and hope that will solve things.

Verify the laws about pulling the pins, set up a camera with a motion detector on the pin location and then handle it criminally or civilly with the proof in hand.

DC

 

[154NH773]

Electrical grounding rods can be obtained from a hardware store and driven in over 4 feet. Hammer them down flush with the ground and they are nearly impossible to pull out. They can be easily found with a metal detector (available at rental shops), if you lose track of them.

I am going to have to do is get it surveyed a final time and put a fence up around the entire property and hope that will solve things

You can't fence off the easement or block the neighbor's use.