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ownership of improvements in easement

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orchardist

Junior Member
What is the name of your state? NM

This is my first inquiry. I first found this site 3 days ago.

I have about 800' of 30-foot-wide easement through three other people's property for ingress/egress, utilities and irrigation ditch. There are more complicated squabbles over this than you can shake a stick at - stemming from two basic principles of NM law. #1: it's a "fence out" state for cows, and #2, as the old saying goes: "Whiskey is for drinking & water is for fighting".

At a certain point along the drive, I installed a cattle guard. It was needed, though other ownership in the area has changed and it is less important now. Meanwhile, the owners of the property ("servient estate") where the cattle guard is located are divorcing and plan to split their property, requiring some changes in driveways (also in culverts & ditches). She told me she wanted to move the cattle guard - out of my easement, to a location that will benefit her. I thought about, decided I was willing to consider the change, and made an offer of a suitable trade. (General enough to allow plenty of room for negotiation.)

Her response: "It's on my property. It's already mine. Sorry if you don't like it. You obviously don't understand the law regarding easements."

She's kind of a new-agey, peace activist, artist type; she believes what she's saying, though none of the research I've done online seems to support her ideas. Common sense says that this interpretation of ownership would lead to endless conflict and chaos.

To deal with it for starters, there needs to be a letter: My options are to write it myself (certified RRR), or get an attorney to write her. Can't decide, and still thinking about what to say. (I'm pretty set on, "Don't get me wrong, I like you. Just not enough to give you a $1,000 gift.") Because there's been a number of other, smaller quibbles, I've resolved that I need to stand up on this one, as a precedent that will set the tone for other issues for years to come.

Comments & suggestions welcome. :confused:
 
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ms.magoo

Member
I am just a mere laywomen, but I'll give your question a shot. What does your easement agreement state ? I'd need more on that document to be able to determine who's rights lay where. But, I have an easement agreement as well, an every improvement that we do on the easement area with waterpipelines, valves, an whatever else we do to it, is our real property. She owns the land that your easement is on, but she does not own any of the real property an needed improvements in equipement you put on that easement area. She cannot claim that cattle guard as being hers at all. Do you have your reciept for that cattle guard, that will prove even more that is yours an not hers. I wouldn't budge or do any kind of negotiations with her at this time. Take your easement agreement to a good real estate atty an have him/her look it over an they'll tell you what your legal rights are. I would send her a very strong legal letter stating exactly what you own an what she owns, an a intepretation of that easement agreement. If she can't figure it out from this letter, then she must of been born in the dark an fed B-lls--t all her life, lol. Oh an by the way, it doesn't matter if she's new agey, peace activist or artist type, her beliefs cannot supercede your legal easement rights. The easement is for your benefit an not hers, no matter what her attitude towards you is, if she don't like you then too bad for her. Keep strong on this matter an tell her you refuse to allow her to remove your real property off the easement area. That she could be charged with theft (possibly criminal) if she does remove your real property. That'll make her think twice about knowing all about the law on easements, lol. Good luck an let us know the outcome.
 

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