B
bleeb
Guest
I reside in western New York State, and had purchased a rural residence in 1999. My property is burdened by a "40 foot wide easement in perpetuity for the purposes of ingress and egress". Although not stated in the deed, the easement was granted in 1984 by the 2nd previous owner for access to agricultural land. The easement had been unimproved, kept clear, and not used until the grantee, without informing me, hired an excavation company to bulldoze within the easement boundaries. The work involved a dramatic topographical cut and fill. Two hills were cut down four and six feet, and low areas in between were filled. Drainage patterns were changed, property line trees ripped up, dangerous drop-offs were left at the edge of my field which I plant and hay, and a beautiful historic stump fence was all but destroyed. I know I can win the drainage and damage issues, but the earthmoving is questionable. I returned home from work and stopped the contractor, when my neighbor called me, and immediately contacted my real estate lawyer. I had been informed at closing that the easement could only be used for ingress and egress (entering and exiting, as defined). After 2 weeks and the grantee's disregard of my wishes to stop and figure this out, my lawyer said that the grantee could do what ever he wants to improve access. I can't believe this to be the case. He could have easily accessed the unimproved property with farm machinery...I drove my car up there often and kept it brushogged. My question is, with the deed description of the easment, can he do this? It has ruined the character of my home. And if so, should I pay my lawyer for information he should have provided at closing? Thank you for your help.