Disabling a Private Easement

[easeoff]

What is the name of your state (only U.S. law)? Pa.

I am a handicapped person who has had legal possession of an ADA plate and placard for over 10 yrs. My property borders a public rd., and also a private lane, which I have granted row to residents who were landlocked.

Today is the most recent in numerous altercations of grantees blocking my driveway. I just returned from spending the majority of the day at the hospital, and came home to again find I could not enter my driveway.

The row contract lists use of lane for ACCESS only. The contract does NOT say that grantees have the right to PARK on the lane. They do this when they want to check their mail or wait for the school bus. [they could do so on the public lane just as easily]. I have not complained about the parking, even though my property has been damaged. If I wanted to be unneighborly, I feel I could strictly adhere to the contract, negating the grantees from parking, and to keep the stated use of ACCESS ONLY; not mere convenience.

I also have an autistic child, whom I have had to use 911 and ambulance services for. She receives numerous interventions at home, and many times her therapists or caregivers were unable to access the driveway, because the neighbors felt it too difficult to park 6' farther back, allowing my drive to remain clear. Seconds count when you are waiting for the ambulance, fire truck or police.

Because it is a private rd., the police or township can not enforce minor vehicle regulations. So, after today, I am pursuing the idea of getting an ADA 'handicapped reserved' sign and posting at my driveway. This should allow me some recourse, as they seem to be enforceable in private parking lots. Any thought on this?

I do not go back the private lane and block their drives, although the row agreement would be reciprocal if PARKING WERE INCLUDED.

As there is plenty of room on the private lane, [linear, anyway; lane itself is narrow and unpassable while grantees are parked], the grantees could park just several feet back and allow access to a grantor who has given THEM access to their properties.

What recourse may be taken by the grantee had I scratched this persons car while trying to get to my home? Technically, it was parked on MY property.

I feel I have been generous by not taking legal action to stop the parking, and I feel they are being unresonable by continuing to block the drive after many requests to keep it clear. I think it may be time for some revision to the agreement.

Any advice or options?
Thank you.What is the name of your state (only U.S. law)?

 

[drewguy]

Did you grant an easement or have you just given permission for use?

If it's an easement, you need to tell them (through a lawyer) that they are using the easement beyond its terms. If just permission revoke their permission and tell them they're trespassing when they use it.

 

[easeoff]

Thank you drewguy

It is an easement, in the form of an express contract, stating row for ACCESS. I had been to an attorney, and was told previously, 'as there is not a provision for parking on the contract, [there was for all else, maintenance, etc.] then there is NO PARKING'.

But I was trying to be a good neighbor since I basically have to endure seeing the neighbors 'up close and personal', several times a day; especially when they park their vehicles in the lane, instead of just 'driving by'.

When my request to not block the driveway ended with me being cursed at yesterday, I know this 'good neighbor' has had enough.

I will certainly follow up now with the attorney to take the needed action.

Thank you again for your time drewguy

 

[154NH773]

If it is an easement, you cannot "disable" it. It is probably appurtenant to the grantee's property. In other words, they and future owners of their property can use the easement.

Did you reserve any right to yourself when granting the easement. In other words, did you put words to the effect of "to be used in common with others including the grantor"? This may have an effect on the outcome of litigation. You mention a maintenance covenant that may infer a reserved "access" right to you if you are sharing the maintenance. Without knowing the exact wording of the easement we are somewhat blind in trying to give advice.

Although it is unlikely in your case, it is possible to give someone an exclusive easement that might prohibit you from using the right of way, even though you own the property.

If, as you say, the easement only grants "access" to the properties, they probably don't have any right to park on the easement. If you retained similiar rights of access, then they may not block you from that access. Your special circumstances would indicate your need for "access" is greater than others, and accomodation would have to be considered by your neighbors in that regard.

You are correct in following drewguy's advice and consulting a lawyer.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Pa.

I am a handicapped person who has had legal possession of an ADA plate and placard for over 10 yrs. My property borders a public rd., and also a private lane, which I have granted row to residents who were landlocked.

Today is the most recent in numerous altercations of grantees blocking my driveway. I just returned from spending the majority of the day at the hospital, and came home to again find I could not enter my driveway.

The row contract lists use of lane for ACCESS only. The contract does NOT say that grantees have the right to PARK on the lane. They do this when they want to check their mail or wait for the school bus. [they could do so on the public lane just as easily]. I have not complained about the parking, even though my property has been damaged. If I wanted to be unneighborly, I feel I could strictly adhere to the contract, negating the grantees from parking, and to keep the stated use of ACCESS ONLY; not mere convenience.

I also have an autistic child, whom I have had to use 911 and ambulance services for. She receives numerous interventions at home, and many times her therapists or caregivers were unable to access the driveway, because the neighbors felt it too difficult to park 6' farther back, allowing my drive to remain clear. Seconds count when you are waiting for the ambulance, fire truck or police.

Because it is a private rd., the police or township can not enforce minor vehicle regulations. So, after today, I am pursuing the idea of getting an ADA 'handicapped reserved' sign and posting at my driveway. This should allow me some recourse, as they seem to be enforceable in private parking lots. Any thought on this?

I do not go back the private lane and block their drives, although the row agreement would be reciprocal if PARKING WERE INCLUDED.

As there is plenty of room on the private lane, [linear, anyway; lane itself is narrow and unpassable while grantees are parked], the grantees could park just several feet back and allow access to a grantor who has given THEM access to their properties.

What recourse may be taken by the grantee had I scratched this persons car while trying to get to my home? Technically, it was parked on MY property.

I feel I have been generous by not taking legal action to stop the parking, and I feel they are being unresonable by continuing to block the drive after many requests to keep it clear. I think it may be time for some revision to the agreement.

Any advice or options?
Thank you.What is the name of your state (only U.S. law)?

**A: a recorded easement can not be changed except as noted in such document.

 

[easeoff]

Pun Intended

Wow! Thank you all for your responses and advice. I tried to make a play on words,[did not go over so well]; but I have learned how difficult it is to terminate or extinguish an easement. See, I read through the posts before I posed a new question. But terminating was not my intent.

I was, unsuccessfully, it appears, attempting to tie in the disabilities, the easement, and the enforceability of the 'handicapped reserved' sign on a private lane, with shared row. I should know that there is little time for BAD JOKES in legal matters.

Thank you again for your time; no pun intended, and your advice is genuinely appreciated.

 

[HomeGuru]

Wow! Thank you all for your responses and advice. I tried to make a play on words,[did not go over so well]; but I have learned how difficult it is to terminate or extinguish an easement. See, I read through the posts before I posed a new question. But terminating was not my intent.

I was, unsuccessfully, it appears, attempting to tie in the disabilities, the easement, and the enforceability of the 'handicapped reserved' sign on a private lane, with shared row. I should know that there is little time for BAD JOKES in legal matters.

Thank you again for your time; no pun intended, and your advice is genuinely appreciated.

**A: yeah, we got enough bad jokes and most of them are in politics.

 

[easeoff]

hardy har

**A: yeah, we got enough bad jokes and most of them are in politics.

Touche' HomeGuru!

I'm liking this forum more and more.

 

[HomeGuru]

another happy customer.

 

[Choosymother]

Did somebody ask for a joke?

Last year, Sarah Palin charged the state of Alaska over $21,000 for her children to travel with her on official business. In fairness to Governor Palin, when she leaves them home alone, they get pregnant!

 

[HomeGuru]

Last year, Sarah Palin charged the state of Alaska over $21,000 for her children to travel with her on official business. In fairness to Governor Palin, when she leaves them home alone, they get pregnant!

**A: and if they go on welfare, it would cost more than the $21K.

 

[easeoff]

Back porch views

Hello Choosymother and HomeGuru-

don't mind if I jack my own thread.

and we may ridicule all we like; 'but we kant see Russia from our bak porch'

are there right of ways in Russia?

 

[TigerD]

Hello Choosymother and HomeGuru-

don't mind if I jack my own thread.

and we may ridicule all we like; 'but we kant see Russia from our bak porch'

are there right of ways in Russia?

1. Palin didn't say that. SLN did.
2. Gov. Palin has shown nothing but class in handling the very public (unfortunately) health concerns of her daughter. These jokes are as inappropriate as they are bad.
3. If we are to discuss politicians, let us discuss the would be president who casts off more than 200 years of democracy and freedom to bow to a Saudi king like a field hand to his master. The American Flag dips to no earthly king -- the American President darned sure better not.

 

[easeoff]

And the dancing moose was even funnier

QUOTE debtcollector 1. Palin didn't say that. SLN did.


hi debtcollector,

all I said was 'Sarah Palin can see Russia from her back porch';
not that there's anything wrong with that

but you are right, we should not have so much fun, and remember there are serious questions to be answered on this forum.

are moose allowed in the right of way?

 

[TigerD]

are moose allowed in the right of way?

Depends on the EPA's environmental impact study.

DC