easement and bank owned

[HRZ]

there is nothing posted that supports that this was a common grant to other grantees either .

the cost to pay somebody to come out and clean the easement each time there is a load of horse poop may get quite interesting ?

 

[justalayman]

there is nothing posted that supports that this was a common grant to other grantees either .

the cost to pay somebody to come out and clean the easement each time there is a load of horse poop may get quite interesting ?

It’s more likely he would be owed the cost to wash the car.

And it doesn’t really matter if it was a common grant regarding the use itself. A dominant tenant of a non-exclusive easement does not have the right to stand in the shoes of the owner of the land and determine whether they are trespassing or not. The dominant tenant has the right to use the easement as the grant allows. They do not have the right to otherwise control the easement.

 

[memkards]

Thank you all for your reply,
And Quincy, I love my owl near my house
And the "poop" answer is funny, thank you for the laugh

 

[justalayman]

Oh, he doesn’t have a right to remove your signs. That would actually be illegal. In fact, unless he is a dominant or servient tenant he wouldn’t have the right to touch anything you or anybody else put on the easement.

Basically he Has no more rights than a trespasse but unless the owner of property files a complaint, the police can’t really do anything

 

[154NH773]

“The deed reads, boundary from main road to center of old woods road.”

I’ll make an assumption from that and your other postings that the woods road centerline is the boundary between you and the bank owned property.

So, you own the half of the road, and the “friend” has no easement on your half that you know about.

As others have said, you have no standing to challenge his use of the half owned by the bank, but he can be charged with trespass if he uses your half after being notified not to do so.

I would have a lawyer write him a letter stating that he has no permission or legal authority to trespass on your property. You don’t have to mention that the road is half off your property.

I would have a surveyor survey the line that runs in the center of the road, and get the bank to sign a deed agreeing the survey line is the boundary, not “the center of the road”.
Once you have such a deed, move the road over, or widen it onto your side of the line. That way you will have full authority to keep him off.

Make sure you put no trespassing signs on your side of the road on your property, and place an inconspicuous game camera to capture anyone destroying them.

If his horse poops on your side of the current centerline, take photos and document the dates.

Lawyers are not cheap, nor are court actions, so decide how bothersome is his use and horse poop.

The more I think about it, the whole horse poop thing seems trivial. While it is important to assert your property rights, and guarantee he doesn’t establish a right, perhaps you could grant him permission that you could rescind if he continues to leave a mess. I’ve run over horse poop and it has never damaged my vehicle or even smelled bad. Is that really the issue, or do you just need to assert your rights? By all means do so, it can prevent further, perhaps more damaging abuse in the future. Talk to a lawyer.

 

[HRZ]

So far we still do not know if is an exclusive easement or not ?

And at least the version posted does notnallow for animals to pass.

 

[justalayman]

So far we still do not know if is an exclusive easement or not ?

And at least the version posted does notnallow for animals to pass.

Exclusive easements are fairly uncommon since it gives the dominant tenant the right to exclusude the servient tenant. That means the servient tenant pays taxes he can’t use. It would not be unreasonable


Op also posted the granting verbiage. It does not include the term “exclusive”where one would typically expect it to be.

Also, the poop, if on the land op is dominant tenant, is not something op has a right to contest (presuming it is a non-exclusive easement). As a dominant tenant op would enjoy whatever rights he was granted in the document creating the easement. He does not enjoy the rights of a land owner on the area he is the dominant tenant. Op may be able to seek damages for cleaning the car but unlikely to receive payment to clean up the poop


And honestly, unless we’re talking about a herd of horses I would suggest a slower speed as well as defensive driving and attempt to avoid running over the horse manure.