Property owner's rights on a driveway easement

[Jmaurice]

What is the name of your state? New Mexico

I was logged in when I did a post, but it does not look like it took.

So, if this is a repeat, my apologies.

What are the rights of the property owner vs the driveway users?

Our easement was deeded before the land was divided, so it is one deed that now covers 5 lots. I am one of 4 property owners. We do not use the driveway for egress/regress. Five lots to the south of us do. The easement does not run along a property line, but actually goes through our lots and we all have private property on the both sides of the easement.

To make changes to the easement who needs to give consent? Just the one where the changes occur or all of us since it is one legal document?

Three of the driveway users put up an electronic gate a few years ago. They did not get consent from all of us. It is on our property, but not where we told them to put it and it blocks our access to part of our property and to our neighborhood horse trails. They told me that I can buy a remote from them for $25.00 and use that while I am on horseback to open the gate if I want to use the trail. (If you have horses, you are laughing by now.)

Last year there was a serious horseback riding accident from some one trying to get around the gate. So, I told them to remove the gate from the easement and put it on their properties. They have refused to do so and threatened to have me arrested if I touch their gate. We have to use a guest code if we want to open it and don't have full access. Another lady fell this year when her new dog pulled her over trying to get around the gate.

The driveway users say the land in the easement belongs to them and not us and that we have no rights to it. Just last month they resurfaced the driveway from gravel to reconstituted granite without asking any of us. With my luck, it happened on my mother's 90th birthday party and disrupted the whole thing with noise and dust.

Can you tell me what our rights are and theirs?

Thanks,

Jeannie

 

[FarmerJ]

Jean verify with a survey where the easement sits and where your property lines are then carefully review the recorded easement with a ATTY if you must, you would be looking for any language that gives them more than just the right to cross the land. IF there is none have the atty send them a letter telling them the gate is on your property with out your consent and if its not removed by X date then you will have it removed and bill them / sue them for the cost. AS far as this rock that was added to the roadbed. AGAIN if there is no wording allowing any of them to do this sort of thing have the atty mention that any additions of gravel or any kind of rock or any other changes with out consent will force a civil suit.

 

[154NH773]

As FarmerJ said, you must know what the language of the easment says. I can only speak for NH, but it may help.

In NH the owner of the property may not block or divert the Dominent Tenant (the others having easement rights across your property). The Dominent Tenant likewise may not block or cause you to divert from the deeded path of the easement. As to the maintenance issues; usually, any party may make improvements to ensure their access, unless there is language in the easement prohibiting it. There may be language requiring you to contribute to any maintenance.

Whether the gate is allowed is more complicated and can't be answered without reading the deeds. If the gate bars access to your property, there's a good chance it wouldn't be allowed. It's hard to get the picture of where the gate is and how it blocks you.

 

[Ozark_Sophist]

Write a letter revoking permission to have a gate on your property. Give them x number of days to remove encroachments from your property.

 

[Jmaurice]

Thank you both

Sounds complicated enough that I need to find a Real Estate Expert here and bring them the easement to read the language. Thank you both for your replies. I will post an update after I get an attorney.

 

[Jmaurice]

Easement description just says ingress and egress

Hi there,

The language in the easement says" A twnty foot wide road easement which is to be used for ingress and egress to tracts****************************.)then it lists the legal descriptions of the properties effected.

We have approximately 10-25 ft of property on the opposite side of the easement as where our house is. The driveway follows the meadow and advoids a rocky ledge and a grove of trees, so it bends in the further south it goes.

Does this help any?

I am still going to find a Real Estate Attorney in the area. Real Estate Broker/Agents we know are looking up some names of good Attornies they know and have used over the years.

Thanks again,

Jeannie

 

[154NH773]

If that is all the easement deed says, and your deed describes your ownership of the land the easement lies on, then your neighbors DO NOT own the land. They only own the rights described in the easement deed, which is NOT the same as owning the land itself.

Since they don't own the land and the deed only gives them ingress and egress rights, they do not have any legal right to place a gate on the property. If the gate may be cause for injury, you are probably liable. You might want to discuss the gate with your insurance company. Perhaps they may wish to be involved in having it removed.

Another interesting thing I have discovered for an easement running through my property, is that the encumbrance of the easement means that I can ask for a tax reduction equivalent to the square footage of the easement, because it has no value in relation to my property, and no saleable value since it is encumbered. Real estate tax assessments are based on saleable value. In my case the easement is so short that it only amounts to a $40 tax reduction, but if the easement on your property is substantial, it could amount to much more.