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Easement question

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Morgon64

Junior Member
Hi forum,
I am brand new here and respectfully request some help.
I own a piece of property in Florida. I access the property through an "ingress/egress/public utilities easement" that is 40 feet wide. A road, approximately 12 foot wide runs down the middle of it. Part of this easement (next to the road - the easement is obviously wider that the actual road) is my neighbor's "property". They have placed some large logs in that part of the easement, apparently to keep people on the road "proper". I'm not sure why, nobody really ever drove there, anyway. The problem is that the logs make turning into my driveway a tight turn (my drive is at the very corner of my property - I hope this is making sense) AND it just plain looks crappy. I didn't really think much of it, until my husband moved the logs (a pain, they are rather big) to get our boat in one day a couple of months ago. The next day, the neighbors had "staked" these silly logs to the ground. We still just laughed it off, until today my children (who had heard our comments) removed the stakes and rolled one of the logs about a foot. Needless to say, within 24 hours the neighbors were back down there staking the things down again! When I called to ask what the deal was (politely), I was told that they would "kick my *mfing* arse if I moved the logs again. They seem to think that it is "their" property. I called the police but they don't want to get involved in a "civil" manner. Needless to say, I am now determined to remove the logs, but avoid getting beat up. :( What are my options besides just secretly removing the stupid things every night, when they can't see me, and hoping they get sick of putting them back? Is there a law I can show the cops so they will believe me? The road is not county maintained, or I could call code enforcement here.

Help!
 


Morgon64

Junior Member
...all of our deeds say the same thing:

(legal property description) then:

"...subject to and together with an easement for ingress, egress, and public utilities upon, over and across the following described lands:"

(legal description of the easement), which is the road area, but 40 feet wide. The easement area is not included in our property descriptions. This area actually runs alongside our properties, not belonging to anyone, as far as I can tell.

Does this make sense? Did I answer your question correctly?

Thank you for your help!!:)
 

EASEMAN

Junior Member
I am not familiar with Flordia law, but generally recorded easements are not extinguished by placing barricades in them. Even adverse possession does not eliminate one. There is nothing the police can do for you. This is a civil matter. If you don't want to file a lawsuit, then make sure they do not own the land that you are calling an easement. Don't assume. Check the survey markers for the physical location of the property lines. Take pictures. Record their threats on an audio recorder. Look up their deed and anything else in the recorder's office about their property. If the easement is listed in their deed like it is in yours, write them a letter reminding them about the easement and the location of their property line. Demand that they remove the logs that are interfering with your lawful ingress.

If you want to be more aggressive, cut the logs up with a chainsaw and use them as firewood. :D
 

Morgon64

Junior Member
Thank you for your comments. The firewood thing is an idea, my husband said the same thing...he says that maybe we have just hit upon a way to keep ourselves supplied with it! :rolleyes:

Actually, after looking at my survey (and all of our deeds - they are available online here) a bit closer, it turns out that not only is the easement not included in anyone's legal description - it is an easement only - belonging (or not) to all of us equally, but the fools next door have actually placed the logs on my "side" (if there is such a thing) of the easement area. My fence (according to a recent survey, but I WILL go find the marker that is supposed to be there, to make sure) is a couple of feet in from the property line. Of course, I can't have it both ways. The easement isn't mine anymore than it is theirs. I just think it is funny that, given their thinking, they would be on my property, anyway.

I went ahead and made an appt. with a lawyer, anyway, for tomorrow. It is a pretty clear case, I think. I hope if I bring all the info to him, he will just send them a letter, or at least tell me what I can do myself to get it in front of a judge. BTW my husband is a cop (but this is not his area) so when we cut the logs up, at least he will be there to hear their threats. (Last time it was on the phone - oh well).

Thanks again! Beth (Morgon64)
 

EASEMAN

Junior Member
The language in your deed makes it sound like the grantor of your deed owns the land occupied by the easement. Is that a development company or perhaps a home owners association? Any adverse possession claim would be against the owner who you should contact about this. Remember, you don't know why the neighbor put the logs there and what they think the logs mean. Generally public rights can not be taken by adverse possession or prescription.
 

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