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vague wording in easement

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M

mc maja

Guest
What is the name of your state? What is the name of your state? michigan

my questions involve interpeting vague wording of an easement
agreement. we are the owners of the burdened property. recently the owner of the benefitted property approached us
wishing to legally split the burdened propety. we did not wish
to since the area he wanted to acquire was one we enjoyed
using and it would compromise our current drive making snow
removal difficult.

question #1
since then the grantee has been driving over the grassy sections
of our property instead of using the drive. this of course is damaging our lawn. the easement agreement simply lists the
legal description of our property. is there anything we can do
to keep the grantee off our lawn and on the drive?

question #2
this regards the wording of the maintence agreement section
of the easement agreement. this too is vague. it states both grantor and grantee will be jointly responsible for all costs and
and repairs of easement property and shall both be jointly responsible for keeping easement property in a reasonable
state of repair. we have always mantainted the property
oursevles and have paid all costs.

since the fallout with the grantee he has also began mowing
our land - a lot - which he claims is his maintence right. he usually mows several times a week - this weekend he mowed every day. it has gotten to the point where i don't feel secure letting my young childern play in our own yard. it seems whenever we step foot out the door he appears from
nowhere on his tractor at top speed making sharp turns kicking up all sorts of debris and of course causing more damage to our
lawn. talking to him is out of the question given the relationship
short of hiring an attorney how can i stop the harrasement by
mowing?
 


M

mc maja

Guest
thanks for the laugh!

while i would find your solution both satisfying and justifiable
i do not believe the legal system would feel the same way.

what i really need to know is how to get a legal interputation of
the easement agreement.

since my posting my neighbor has informed me that he has talked to the attorney at his plant and has been told he has every legal right to drive over any part of my property he wishes to and can mow whenever and however often he would like. i have been in contact with the attorney who drafted the orginal agreement (the agreement was already in place prior to us purchasing the land) who feels even though that was not the
intent of the agreement our neighbor could argue he is within
his legal rights.

there must be someway, short of huge court costs, to prevent my
neighbor from his intentional, malicious destruction of my property, and harrasement by lawn mowing.
 

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