Easement Dispute

[gsgrl2000]

There are 2 properties one in back of the other owned by 2 different family members. The family member who currently resides on the front property is denying access to the easement. (prior to this family member living there, there were no issues accessing the easement) The family member who owns the property in the back holds a grant deed to the easement; is this family member within their rights to cut the lock off the gate that the other family member put on to gain access to the easement?

 

[HRZ]

The back " dominate " user is entitled to liberal access as per the easement ...how aggressive one gets is a personal call...I suppose if you destroy a lock you might get charged with property destruction ...why not simply disassembly the gate and lay it safely to one side ?

 

[gsgrl2000]

I would think disassembling a gate would be the same as property destruction in regards to cutting the lock off, to me it would be less destructive to cut a lock than to disassemble a gate which we couldn't do anyway but thanks.

 

[gsgrl2000]

Ok, so I was actually able to speak with a lawyer and he said I am within my rights to have the gate removed at the other family member's expense or we have a right to take her to court

 

[justalayman]

Well, I wouldn’t put too much weight in that simple of a statement. Regardless of the opinion of the lawyer, if you damage the installation the other party could report it as vandalism. The police aren’t going to read deeds and determine what rights you may or may not have. They may base their reactions on only what they see. We had a poster who was cited (it may have actuslly been arrested) for removing part of s neighbors fence that actually ran across their property and attached to the posters house.


A court action would be the wisest move. You could also have any other issues regarding the easement, such as whether you actuslly have a valid easement, settled as well.

 

[gsgrl2000]

This issue has been so frustrating mainly because I am geeting contradictory advice depending on who I ask. I wouldn't think it would be an enforceable offence if we cut the lock off and replaced it with a new lock so we both have access and a key to the lock? She however is in violation of tresspassing by blocking and denying us access.

 

[gsgrl2000]

....and yes we have a valid easement, that is not the issue

 

[justalayman]

....and yes we have a valid easement, that is not the issue

You say you do but if the other party disputes your rights under an easement you claim is valid, it will require a court to state whether the easement is valid and what rights it affords you. A cop or prosecutor is not going to make that determination.




And while you think it shouldn’t be an enforceable offense, the problem isn’t what you think. It’s what the police or prosecutor thinks.


If you really believe the other party is committing a trespass, call the police. I can pretty much tell you what they will say: it’s a civil matter.


How are you accessing your property if your access is blocked?

 

[gsgrl2000]

Like I have stated this is not a matter disputing if the easement is valid or not or if we have a valid grant deed, this is an access only issue (that recently began once this new family member moved there, we always had access prior) and yes I have already spoken with the county sheriff's department regarding this matter and I am aware it can become a civil matter and I am aware I can take her to court for tresspassing, thank you

 

[justalayman]

So what do you want? If you believe the local authorities have green lighted damaging their personal property, have at it. Im merely trying to point out that even if you are in the right, things don’t always go like you think they should

 

[justalayman]

I am still curious as to how you access your property if your access is blocked by the servient tenant

 

[gsgrl2000]

No one said the authorities "green-lighted" anyone, however they were made aware the lock was cut off, nothing happened in regards to that and there are no other legal access points to this property, without the easement the property is land-locked.

 

[LdiJ]

I am still curious as to how you access your property if your access is blocked by the servient tenant

Maybe they don't live there?

 

[not2cleverRed]

No one said the authorities "green-lighted" anyone, however they were made aware the lock was cut off, nothing happened in regards to that and there are no other legal access points to this property, without the easement the property is land-locked.

Oh great. A self-help remedy. Now you're adding to animosity between the parties, and you still haven't solved your problem.

The problem is that you believe that you have a valid easement, and the other party thinks you don't have a valid easement.

You have changed no one's mind. They can go buy a stronger lock, and fume about how you are the reason the need to get a new, stronger lock, but they certainly are not thinking, "Hey, gsgrl2000 is right, I should stop being so difficult."

You've tried to have a calm, rational conversation about the issue, right?
You've made sure that the other party has copies of all the relevant documents that you believe help to shop that you have a valid easement, right?
And of course, when the easement was blocked, you requested in writing that the obstruction be removed, right?

Then really, the only remedy is court.

Stop fanning flames, and get a real, enforceable solution.

 

[HRZ]

It may not be a trespass matter if its not an exclusive easement which is not a common form . the serving tenant might well be entitled to use area as well. The issue is blocking your access ...a civil matter

Do they need the gate as well to enter?