Easement additional uses

What is the name of your state? Florida

I have an easement on a strip of privately owned land that allows me and about 12 other homeowners to ingress and egress by either foot or vehicle. The land runs in front of all of our homes and parallels a canal on the other side of the road easement. In other words, houses on one side of the road easement and canal on the other. The land/ditch that contains the water is owned by the grantor of the road easement. The water and fish are owned by the state. The owner of the land lives nowhere on the road or easement.

Two of us homeowners like to stand on the easement and fish in the canal. Our fishing activity in no way effects traffic. Suddenly this weekend, the landowner put "Posted--no fishing, etc." signs in front of my house and the other fishing neighbor's house but no other house. I'm about 250 yards from the other neighbor's sign. The posted signs have the owners name on them but no contact information. I've been told he is supposed to put his address on them and the signs need to be no more than 150 feet apart the entire length of the canal to be enforceable. Since they are so far apart we are apparently able to stand in front of other homes and fish!

It has also been suggested that since homeowners have been allowed to fish from the easement for 20-30 years (and us for the last few years) that there is a presumptive access for homeowners to use the easement for fishing that cannot be revoked by the land owner.

I fear that he has the right to do this and keep me from standing on the easement and fishing in public waters. What do you think?

One small issue--the easement document explicitly relieves the owner of all maintenance responsibilites but is silent regarding who is responsible. Does his abrogation of responsibility automatically transfer the burden onto the grantees of the easement? The problem is that there are trees that overhang the easement that have done damage to equipment on the top of my motorhome. The grantor refuses to trim the trees since he isn't responsible for maintenance BUT he has denied me the right to trim the trees since they are "his trees."

Bob

You and the other homeowners have ingress/egress rights to the easement. That means to and from your homes to use the easement for travel. It does NOT mean as you wish. In essense, you are tresspassing. stop it.

If the trees are causing you damage then trim them. Simple huh?

alligator2600 said:

Two of us homeowners like to stand on the easement and fish in the canal. Our fishing activity in no way effects traffic.

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Doesn't matter if you are affecting traffic. Your easement (based on your own post) is for 'ingress and egress'. That does not mean you can do what you want.... including standing their fishing.
When you are not in obeyance of your easement rights, you are violating the easement holders rights. He has clearly decided to protect them.

I've been told he is supposed to put his address on them and the signs need to be no more than 150 feet apart the entire length of the canal to be enforceable. Since they are so far apart we are apparently able to stand in front of other homes and fish!

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Then by all means, go ahead and do so. You will find out what 'posted, no trespassing' signs mean.

It has also been suggested that since homeowners have been allowed to fish from the easement for 20-30 years (and us for the last few years) that there is a presumptive access for homeowners to use the easement for fishing that cannot be revoked by the land owner.

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Sorry, but wrong. There is no inherent right to fish on someone else's property.

I fear that he has the right to do this and keep me from standing on the easement and fishing in public waters. What do you think?

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See above.

The problem is that there are trees that overhang the easement that have done damage to equipment on the top of my motorhome. The grantor refuses to trim the trees since he isn't responsible for maintenance BUT he has denied me the right to trim the trees since they are "his trees."

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I doubt that your 'motorhome' would constitute normal usage of the easement.

easement additional uses

How far and in what directions do Posted signs apply? An outsider entering the property seeing the signs would think they are specific to certain houses. How would they know?

The easement specifically states "pedestrian and vehicular traffic". I don't see how that would not apply to a "recreational vehicle."? Thanks. This is a question of interest rather than concern since the owner hasn't made any negative comments about the RV.

alligator2600 said:

How far and in what directions do Posted signs apply?

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They 'apply' to the point that they are needed. If you get arrested for trespassing, you can argue that there wasn't sufficient signage as a defense. If the court disagrees or finds your argument without merit (as you clearly KNOW about the restriction), your defense will likely not be successful.
You can't just walk past three signs and look for a spot that may not be signed.... then use that as an excuse to trespass.

An outsider entering the property seeing the signs would think they are specific to certain houses. How would they know?

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The court will be glad to help you understand.

The easement specifically states "pedestrian and vehicular traffic". I don't see how that would not apply to a "recreational vehicle."?

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The point I am making is that you are complaining because the trees may be 'damaging' your oversized vehicle. An argument could be made that the 'damage' you are claiming is due to your OPTION of trying to drive that 'monster' D ) down a road (easement) clearly not sized for it. Based on your position, are their any limitations as to what you can drive down that road.... and still hold the owner liable??

easement other uses

The garbage trucks, UPS and FedEx delivery vehicles, etc. are as tall as my RV.

The placement of the signs are interesting. There are 13 houses along the stretch of road across from the canal. They are placed in front of the three houses where the homeowners have had negative interactions with the owner of the land. In my case, he refers to me as "Mr. RichGuy" since I built the newest house (and consequently most expensive) on the street. Other houses are from 10-30 years old and I developed the last lot. I had to call the sheriff when he piled hurricane debris at the end of my driveway impeding my in/egress. That was in August and suddenly his payback is the Posted sign 7 months later.

My question still stands if anyone knows the answer--The easement explicitly excludes the owner from maintenance but is silent about the homeowners who have the easement being responsible for maintenance. Can we maintain the road on our own or do we need permission?

Thanks

alligator2600 said:

My question still stands if anyone knows the answer--The easement explicitly excludes the owner from maintenance but is silent about the homeowners who have the easement being responsible for maintenance. Can we maintain the road on our own or do we need permission?

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Take your easement papers to a local attorney who can review them in their entirety.... and advise what options you might have.