fences encroaching on easement

[susanlaw]

We live in an 800 acre area divided into 40 acre parcels individually owned. We have a group fund to maintain the 50' easement to our properties. There is one main road that we all use to access our homes. The owner of the parcel the main road is on has built a fence that allows for only 18' of passage in the easement. It is a curved one lane paved road and this makes passing eachother difficult, particularly in snow periods on the 9% grade. This is also used for cattle trailers and most have large four wheel drive vehicles.
1) Are they allowed to build a concrete and steel fence within the
easement?
2) Must they take responsibility in the event of damages incurred
when two cars must pass eachother and fail?

The easement deed says simply that it is 50', and agreed upon by all original purchasers of the divided land.

 

[HomeGuru]

1. yes, because it is their property but the construction of improvements should not cause the users undue hardship and create a safety hazard.

2. no, unless the easement users put them on notice that the improvements may cause an accident and they bear the liability etc.

 

[susanlaw]

Easement parking

Thanks for your reply. I just figured out how to reply on a thread.. sorry! We did some research and figured out what the neighbors were really angry about. Apparently they are upset because when heavy construction machinery is brought in it is delivered by transport that cannot make it up the turns in our roads with it's payload. They park on the main roadway and drive in the tractors, etc. The main road is on their property and they have decided to make it impossible for the transports to park, since they make tracks in the mud. (!) As it stands, there will be no way for heavy machinery to get in unless they trample the fences. The two neighbors having building done have offered to pay for widening at the turns but the landowner insists on having a report done on validity of widening them. This main roadway is where we all must pass eachother, and we feel that they are fighting the solution to the actual problem, which is to make the upper elevations accessible. My property will also be recut on the roadway but to preserve to road I would rather a transport drive up than a steeltread tractor. These people are creating several hardships. My questions are 1) if we notify them that they will be held accountable for any accidents that happen due to the narrowing of the roadway and have all members sign it, will they actually be accountable, and 2)With a 50' easement, can the transports remove obstructions and not be held liable?
Thank You!

 

[HomeGuru]

You need to hire an attorney to review the issues and the documents including the survey and easement.