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Access Easement - User damaging & dangerous

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Tammy1234

Junior Member
What is the name of your state? Missouri
We bought our home several months ago. We own a home with 6 acres. There is a road that dead ends into our field. The man who owns the 100 acres behind us has an access easement on our land from the end of the dead end road through our field. We have fenced off the easement area so he cannot access the rest of the field (which is not part of the easement).

A few problems:
1. After we purchased our home he has started using bulldozers and such with his business and he stores them on his land. He pulls these heavy machines through our field (easement) and has caused deep, deep ruts in it. Does he have to repair this? Our easement states nothing to that effect.

2. His 22 yr old son and friends ride their 4 wheelers and motorcycles going about 40 mph down our field and back again to his property (over and over again). They also drive too fast in their trucks on our property. We have asked them to slow down because we have small children and pets and because it is tearing up the field. I also don't feel this is strictly ingress and egress. He is using our property for more than just getting into and out of his property.

3. He allows his friends access on our property to get to his property anytime they want in order for them to get to the river or ride their motorcycles. I thought the easement was for only the owners of the property behind us - not every one of their friends.

They had another way in and out of their property. HOwever, they did not have a written easement and they tore up the property and misused it to the point the owners of the land told them they weren't allowed access through their property anymore.

The previous owners of our property had their horses on that easement and we plan on doing that too. But due to the damage the users of the easement have caused, we may not be able to put horses on it without repairing it.

Thanks for any info.
 
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seniorjudge

Guest
Q: After we purchased our home he has started using bulldozers and such with his business and he stores them on his land. He pulls these heavy machines through our field (easement) and has caused deep, deep ruts in it. Does he have to repair this? Our easement states nothing to that effect.

A: When did this business of his start? It could be an overburdening of the easement if he has never done this before and has just recently started this business. He will have to repair the damage he causes.


Q: His 22 yr old son and friends ride their 4 wheelers and motorcycles going about 40 mph down our field and back again to his property (over and over again). They also drive too fast in their trucks on our property. We have asked them to slow down because we have small children and pets and because it is tearing up the field. I also don't feel this is strictly ingress and egress. He is using our property for more than just getting into and out of his property.

A: Put speed bumps in thirty days after you notify him by certified mail, return receipt requested and paint them a bright flourescent orange; put signs at the beginning of your property warning of speed bumps.

They have the right to ingress and egress; that does NOT include tearing up the road, literally or figuratively.

3. He allows his friends access on our property to get to his property anytime they want in order for them to get to the river or ride their motorcycles. I thought the easement was for only the owners of the property behind us - not every one of their friends.

They had another way in and out of their property. HOwever, they did not have a written easement and they tore up the property and misused it to the point the owners of the land told them they weren't allowed access through their property anymore.

The previous owners of our property had their horses on that easement and we plan on doing that too. But due to the damage the users of the easement have caused, we may not be able to put horses on it without repairing it.

Thanks for any info.[/QUOTE]
 

Tammy1234

Junior Member
He doesn't run the business from the property, he just uses the property to store his heavy machinery. The father owns a carpenter/cabinetry business. His son bought the heavy machinery to use for his business. I don't know when he started his business (I believe it was after we moved in). But I do know the heavy machinery arrived a few months after we moved in.

What about his friends coming in and out of the property? Can they do that if they are given permission from the people who own the field behind us?

Do you have any other suggestions instead of speed bumps? This is actually in a field that we plan on putting livestock on soon.

Thanks for your help! I really appreciate it.
 
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seniorjudge

Guest
Q: What about his friends coming in and out of the property? Can they do that if they are given permission from the people who own the field behind us?

A: Yes, if the people who own the field behind you have the right to go on the easement, then they can give that right to others also.


Q: Do you have any other suggestions instead of speed bumps? This is actually in a field that we plan on putting livestock on soon.

A: Try signs; that may work.
 
S

seniorjudge

Guest
Tammy1234 said:
Thanks for the advice. I do appreciate it! I will definately put up signs and see how that goes.
You are welcome.
 

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