access easements

[REREETZ]

We have a neighbor whose bridge and road to there house is on our property. They moved there in 1974, we moved here in 1984, when we moved in my parents went to a lawyer and had a letter sent to them telling them to stop using it and build a bridge since they have plenty of roadside property. My parents were told that would break the easement since I guess it was implied, its not in thier deed. The thing is we didnt care they were using it we just wanted to make sure they couldnt own the access road. Now for the last several years when my parents try to use the bridge they would block it with cars. The last week they have been planning to bring a trailor across it and wanted to take out our fence and trees. We decided to make a contract stating they would repair damages and never block the bridge again, they apparently declined and when no one was home cut down several trees along the road which is on our property. Now my parents are angry and want to bulldoze the bridge away and make them build a new bridge on thier own property. My questions are, did the letter the lawyer send break the implied easement, can they be sued for cutting trees wether the easement is still there or not, can they legally block the road from us and if the implied ( meaning they think they have one )was broken or stopped in time with the letter can we legally remove the bridge from our property. thank you

 

[Tracey]

You need to get to a real estate lawyer immediately. You must sue to quiet title to the access easement within 15 years of the action accruing. I think it's already too late to vacate their easement, but talk to an attorney. There may be facts that broke the time requirements for them to have acquired an easement by proscription.

You can sue them for trespass for cutting down your trees.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.