I bought my first house in Jan 2000. At the signing, I was informed of an easement and I was required to sign off on it. Not sure what it all meant, but I knew there was a road there, but never realized until the signing that it was "technically" my property. So here is the problem, the dominant tenant is a nightmare. He now owns 3 seperate parcels of land and rents 2 of them. If that is not enough, there is a 4th parcel of land that another guy owns and he just started renting it out and they generally come home at 2:30 am every night.
On my legal description, it states " a 16' Access Easment of Record", on the property survey the existing fence line is giving more than a 16' access in places. I am in the process of putting up a new fence and the dominant tenant has threatened to take me to court. I have the current survey from 2000, but he stated I have to have a new survey or he's taking me to court.
So, do I have the right to my full property (leave him his 16' access only?) Can I place a gate on any part of my easement? His tenants fly down the gravel road and kick up dust that affects our animals in the barn. If the dominant tenant (who has 3 parcel) is the only one on record for use of the easement, can I deny his tenants use of the easement? Does the owner of the single parcel have access rights on this easement?
On my legal description, it states " a 16' Access Easment of Record", on the property survey the existing fence line is giving more than a 16' access in places. I am in the process of putting up a new fence and the dominant tenant has threatened to take me to court. I have the current survey from 2000, but he stated I have to have a new survey or he's taking me to court.
So, do I have the right to my full property (leave him his 16' access only?) Can I place a gate on any part of my easement? His tenants fly down the gravel road and kick up dust that affects our animals in the barn. If the dominant tenant (who has 3 parcel) is the only one on record for use of the easement, can I deny his tenants use of the easement? Does the owner of the single parcel have access rights on this easement?