Easement Problem

[tjdesigns]

I own a rental property in Colorado and this property has a 40' wide easement of way across an ajoining property.
I have a court order for the owner of the ajoining property to remove 2 fences and any structures on this easement that effect ingress and egress. He removed one fence but has not done anymore. The time has expired for this work to be completed to be in compliance with the court order. There are also 2 trees located on this easement. Are trees considerd structures?
During this time period (After Court Ordered Removal)I was turning onto the easement from the main road to enter my property I struck the fence that was ordered removed with my vehicle. I did not contact the property owner and several days later received a hit and run citation from the police. Was I obligated to inform the owner of this even though it was not supposed to be there?
Thanks for any help.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tjdesigns:
I own a rental property in Colorado and this property has a 40' wide easement of way across an ajoining property.
I have a court order for the owner of the ajoining property to remove 2 fences and any structures on this easement that effect ingress and egress. He removed one fence but has not done anymore. The time has expired for this work to be completed to be in compliance with the court order. There are also 2 trees located on this easement. Are trees considerd structures?
During this time period (After Court Ordered Removal)I was turning onto the easement from the main road to enter my property I struck the fence that was ordered removed with my vehicle. I did not contact the property owner and several days later received a hit and run citation from the police. Was I obligated to inform the owner of this even though it was not supposed to be there?
Thanks for any help.<HR></BLOCKQUOTE>

You should have made sure that the court order contained instructions to remove specific named property such as fences, trees etc. Trees are not considered structures by real estate definition although for purposes of an ingress/egress vehicular easement, trees may be considered a structure or defined as something that must be removed from the easement for safe and clear passage and use of the easement.

You are obligated to inform the fence owner in just the same manner as if you hit a vehicle parked in a no parking zone.

 

[tjdesigns]

The trees are not currently effecting my ingress and egress unless somebody blocks the driveway. Can I enforce that they should also be removed.
The fence that I hit was specified to be removed. Is it still his property and do I have the right to remove it myself?

Thanks

 

[Tracey]

I don't know how the hit & run will work out, since you had a court order to remove the fence you hit. Fight the citation - the judge may just throw it out, since it's obvious N is just trying to make your life miserable 'cause he doesn't like you having an easement. Is your relationship with N bad enough that you are afraid to talk to him without a judge nearby? That might be an equitable defense to not notifying him in person. Also look up the hit & run definition in your state's statutes (it's on the citation). If there is a requirement that you hit property 'legally entitled to be there' you can defend with the court order telling N he had to remove the fence. Finally, check out IAAL's post "For All Us Knuckleheads...." on the traffic law BBS for help getting the DA to drop the charges.

You can remove the fence yourself and sue N for the costs. Write him a letter telling him that you'll hire someone and sue him for payment + costs + attorney fees + sanctions for contempt if everything is not gone by next Monday.

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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.

[This message has been edited by Tracey (edited June 19, 2000).]