easement encroachment

[Ozark_Sophist]

What is the name of your state? Missouri

Our neighbors have run a fence lengthwise down the middle of our ingress/egress easement, leaving less than half of the 30 foot width available for our vehicles. We do not wish to have any encroachments on the easement as it effects the value of our property.

Since this is a civil matter, we plan on discussing the fence with our real estate attorney on monday. I plan on sending a CCCR letter stating our opposition to the encroachment and demanding the fence be removed within 10 days or they will face further legal action.

Is this an appropriate step?

Complicating matters is the fact the neighbors do not actually own the property. They are considering buying the property, but do not own it at this time--nor do I expect them to be able to afford to buy the property any time soon.

I talked to the landlord/property management real estate dealer this afternoon who was as surprised as I was about the fence. I believe he is also opposed to the fence. He agreed to come out to look over the situation tomorrow morning.

Are there any suggestions what I could say (nicely) to the agent tomorrow to facilitate an immediate removal of the fence?

 

[BelizeBreeze]

What is the name of your state? Missouri

Our neighbors have run a fence lengthwise down the middle of our ingress/egress easement, leaving less than half of the 30 foot width available for our vehicles. We do not wish to have any encroachments on the easement as it effects the value of our property.

Since this is a civil matter, we plan on discussing the fence with our real estate attorney on monday. I plan on sending a CCCR letter stating our opposition to the encroachment and demanding the fence be removed within 10 days or they will face further legal action.

Is this an appropriate step?

Complicating matters is the fact the neighbors do not actually own the property. They are considering buying the property, but do not own it at this time--nor do I expect them to be able to afford to buy the property any time soon.

I talked to the landlord/property management real estate dealer this afternoon who was as surprised as I was about the fence. I believe he is also opposed to the fence. He agreed to come out to look over the situation tomorrow morning.

Are there any suggestions what I could say (nicely) to the agent tomorrow to facilitate an immediate removal of the fence?

send the letter. You never know what kinds of 'accidents' can happen in the middle of the night when you don't have room to manipulate the drive with your HUMMER

and give them three days.

 

[Ozark_Sophist]

I forgot a question. Who would I send it to? I believe I should send it to the owner, real estate agency, and tenent. Correct?

 

[Ozark_Sophist]

Draft of demand letter

Is this good for the letter?

To: Co-Owner
Co-Owner
Agent Owner

It has come to our attention that a fence has been constructed at [neighbor's address] by [tenents of said property], that encroaches on a nonexclusive ingress easement (Appendix A) owned by Mr and Mrs Ozark Sophist and recorded at the Hillbilly County Recorder’s office as amended in Book 5555 at page 5555-5555. The existence of said fence directly results in damages to the value of the OzarkSophist property.

Mr and Mrs Ozark Sophist demand the immediate removal of the fence from the easement and any and all other encroachments on the nonexclusive ingress egress within three days of the receipt of this letter. If the fence and any and all other encroachments on the easement are not removed by the end of the third day after the receipt of this notice, the Ozark Sophist(s) will file a suit for the removal of the fence, survey costs, lawyer fees, court costs, and damages.​

 

[BelizeBreeze]

Certified (RRR) to all three.