• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Easement Issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

deniceac

Junior Member
What is the name of your state? CA

There is a 60' easement on our private road. We are putting up a fence (field) for a horse. Our portion of the road is the widest and in the best condition. Now that we have our posts IN - the neighbor called and wants us to move it in to accommodate the 60' easement. The county simply said - it's a private road, no problem. ???? Could this end up being a problem for us?
 


B

BelizeBreeze

Senior Member
Yes, for violation of the easement agreement.

The county has no say as to the road but that does not mean your neighbor has relinquished his/her rights under the agreement.

Move the posts.
 
D

deniceac

Junior Member
Easement issue - doesn't seem fair

You do realize that the fence is OFF the road where noone ever drives. It is our lawn. The road is gravel and there is the same access as before. The neighbors who have the same r/w on the same road have less access available to everyone then we do. Boulders on each side etc. If we are not limiting or changing their access why is it such a problem?
 
B

BelizeBreeze

Senior Member
deniceac said:
You do realize that the fence is OFF the road where noone ever drives. It is our lawn. The road is gravel and there is the same access as before. The neighbors who have the same r/w on the same road have less access available to everyone then we do. Boulders on each side etc. If we are not limiting or changing their access why is it such a problem?
Click to expand...
You DO realize that if the fence is ANYWHERE within the stated easement (60' easement on our private road) it is a violation, whether or not it's located on your lawn, in your living room or on the roof.
 
D

deniceac

Junior Member
I just want to add that this same neighbor was at our home in our living room the day before discussing the fence and the need for more gravel. He wanted to know if he could have the road grated before the fence was put in but we determined it wouldn't do any good. My husband told him that we were going to improve the road ourselves this summer and, in fact widen it on the other side after installing a culvert pipe along the small ditch. He was happy and everything was fine until the fence posts were actually put in.
 
B

BelizeBreeze

Senior Member
deniceac said:
I just want to add that this same neighbor was at our home in our living room the day before discussing the fence and the need for more gravel. He wanted to know if he could have the road grated before the fence was put in but we determined it wouldn't do any good. My husband told him that we were going to improve the road ourselves this summer and, in fact widen it on the other side after installing a culvert pipe along the small ditch. He was happy and everything was fine until the fence posts were actually put in.
Click to expand...
And this changes the situation how?
 
D

deniceac

Junior Member
right of way disagreement

Is there a legal basis or procedure that would require everyone on the same road with the same r/w - 60' to comply to one standard. It appears that we are the only ones that are being required to comply. If so by what means would we resolve the issue?
 
B

BelizeBreeze

Senior Member
deniceac said:
Is there a legal basis or procedure that would require everyone on the same road with the same r/w - 60' to comply to one standard. It appears that we are the only ones that are being required to comply. If so by what means would we resolve the issue?
Click to expand...
Both parties are required to comply. However, since you have granted the easement, there are more restrictions placed upon you. The other party has the right to whatever the Easement states (usually ingress/egress only). However, since the easement is defined as 60 feet, that means that the entire 60' is part of that ingress/egress unless otherwise specifically defined in the ROW documents.

Hence, the attorney opinion.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top