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Easement rights new house neighbor across the road

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Jackiejdp

New member
Indiana
We outside of city limits. The land across the road was recently divided into 2 x 1 acre plots. A new address which is an even number as are all homes on that side of road was given to the property I am referring to. Anyway, a house is being built, only has the slab foundation ( so there isn't even a home there yet) the owner of that property comes across the road & digs a hole in our yard & put a mailbox on it with her address which for one is out of sequence where she put it, and the mail route delivers on both sides of the road. And it could be confusing if 911 were called, looks like her address is ours. Everybody on this road , both sides, have mailboxes in their own yard. The road has no brim, hubby mows lawn which touches the road. So I went and questioned her with-in minutes. She was slightly snotty about it. Said she put it there because her property line goes over to middle of our bush. I said " Your property goes across the road?" She says she did her research and there is an easement for utlities & mailboxes. Well I thought perhaps there's an easement. And thinking it's a mailbox for federal use maybe she did have right. And her reason is because when she comes get her mail & then back up & pull into her driveway without getting out of her car. Mind you she would be on wrong side of road facing on coming traffic. I have my deed of property as well as the deed of people who owned my land 15 years ago. There is nothing specific at all re; any easement. I did find signed by owners of property years ago at time easement permission for electric Co. and then one for telephone Co, . easement permission signed by owner of land for electric & phone but I see no where there is any easement along roadway for any other individual's anything at all. What I have found if I'm not mistaken is homeowners own to middle of road which the road is the only thing public or even if water co needs to dig a ditch can not dig off the road without an easement deed signed by property owner. Ok, so. I know I gave more info than needed. I just need to be certain I am correct that she has no right & and I know for sure that she trespassed so I can nicely inform her with facts, then if she won't move it perhaps I will. Thank you in advance
 


xylene

Senior Member
You need to contact your local postmaster ASAP.

Be polite and friendly because rural mailboxes are a source of consternation for them...

Quite honestly if there is delivery on both sides on this street, then her mailbox will very likely need to be on her own side whatever this easement may or may not say. It's not a discretionary thing. And the postmaster won't care about her driving to get her mail...

This will give you an authority figure to tell her... where she needs to stick it.. ;) and that will help avoid neighbor conflicts. And you don't have to worry about the federal issue of messing with a mailbox...
 

xylene

Senior Member
Also - this person sound a little unhinged. Someone who would put their mailbox across the street when they don't have to is a little bit confrontational to say the least and you should stay out of this person's way. If you need to fight the easement, get a lawyer and don't try to handle it DIY.
 

HRZ

Senior Member
Let's say her right is dubious to put a mailbox on your lands absent some research into supposed actual easement she claims and width of public right of way ..which often is quite a bit wider than the paved roadway ..perhaps 10-15 ' on each side of paved path. ( Parts of my ownership runs to center line of roadway ...but the public right of way is 30' on each side of centerline )

You might be smarter to go have a nice conversation with the local postmaster about the proper placement of mail boxes and hope he or she sees it important that boxes be on right side of street in areas with deliveries on both sides of street .
 

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