Easement road cementing

[Rafter Spout]

What is the name of your state? Colorado
I reside in Colorado.

On the most western site of my property is an easement for road purpose
as ingress and egress only, to the neighbor_s property.
The easement does not say anything about maintenance or improving.
This easement road did have a nice and dry gravel covering.
At our absent the neighbor has cemented the road without asking or informing us;
they blocked some draining pipes, ascended the level of the road by 4'_, the rain
water can not flow downhill, some parts of our property stays wet and messy long time.
The cementing was not necessary for passage or traffic;
the main motivation was to demonstrate a very attractive driveway.
Was this action reasonable as the neighbor claims?

Before cementing, the neighbor has bought the adjourning property next to the
easement road. They easily could have made a _cemented driveway_, parallel to
this easement road and access their property over their own land.
The necessity of the easement road on our property is not given any more.
We do not need or use this road and would like to use this part otherwise.
In case we can not revoke the neighbors right for the easement; can we fence our
property including the easement road and secure the road on both sides with a gate?
Certainly the neighbor will get the keys for the gates.
This is only one of our neighbor_s performances; there are a lot others more.
What should we do? I would appreciate any valid comments and advices.

Thank you.
Rafter Spout What is the name of your state? Colorado

 

[FarmerJ]

why dont you get a survey done that shows the easement lay out on your property and then see a real estate atty bringing with you copys of all your documents so the atty can prepare for you a letter telling the nieghbor that he has damaged your property by creating flood conditions and unless he pays you for correcting it you will sue for damage to your property. You might want to ask your atty if its possible for you to get the court to remove the easement as settlement rather than money since they now have property that they can build own driveway on. Try the links up top and speak with a real estate atty.

 

[seniorjudge]

why dont you get a survey done that shows the easement lay out on your property and then see a real estate atty bringing with you copys of all your documents so the atty can prepare for you a letter telling the nieghbor that he has damaged your property by creating flood conditions and unless he pays you for correcting it you will sue for damage to your property. You might want to ask your atty if its possible for you to get the court to remove the easement as settlement rather than money since they now have property that they can build own driveway on. Try the links up top and speak with a real estate atty.

I agree. The neighbor is trespassing.

Before you do anything, get that survey and a title report from a local title company.

 

[Rafter Spout]

Easment

Mr. "Farmer" and “seniorjudge” thank you very much for your recommendation.

Yes, I have made a survey and the boundaries are not in question.
The easement road is on my property. The title says "easement road
only for ingress and egress to there locked land".
Yes, they now have property that they can build own driveway.
Soon after the survey Mrs. Neighbor has aggressively ripped off one of
the survey ribbons. One other survey mark is completely removed.
She is harassing our constructing workers, gardeners from this easement
road, witch she calls “Our Driveway” When she is coming, our workers
on our property are always afraid about trouble and try to hide.
My letters which I send with via CERTIVIDE MAIL were not collected.
I asked for there rectification: “Why they cemented the road?” No response.
I wrote again: “Please have the courtesy to answer to my letters”.
No response! With e-mail the Wikipedia Encyclopedia explanation:
Road: A road is an ………
This is only one of at least 20 other incidences with this neighbor.
I passed every detail to our attorney; the attorney is the former owner of
my present property, he know this neighbor and had a lot of troubles
with them also. At first he said, he is very glad to help, but now after
nearly one year I have the impression he would like to do nothing but
would not be pleased when I do something by my self or find an other
attorney. Why? Which is the best way to handle this case?
Any honest advice would be appreciated very much.
THANK YOU!

 

[Ozark_Sophist]

Send a certified letter (CRRR) telling them they have 3 days to remove the trespass and restore your property to its preexisting condition or you will remove their trespass and sue for the cost of the removal and damages. When the letter comes back unopened, save it--don't open it. Rent a backhoe and a 40cu yard dumpster and remove the cement. Send them the bill.

 

[justalayman]

you all are missing something.OP has not ever stated that the original dominant property has been joined with the newly purchased property. Regardless of the fact they are currently owned by the same person does not mean they always will be so owned.

What you are suggesting is the serviant tenant has rights to remove the easement due simply to the fact that 2 adjoining properties are owned by a common person. Not neccessarily so.

I do agree the cement placment was an obvious abuse of the easement along with the damaging land prep performed along with it and should be removed and OP compensated for any expensed incurred in doing so.

if the letters are not recieved, I can see to options. Have the "improvments" removed and send the neighbor a bill for the costs or sue them in court and let the court require such action. If you decide to the "self help" option, you may have to respond to an action from the neighbor( you should prevail) and/or you may need to sue for the espenses incurred and recieve a judgment, which you may still have difficulty collecting.

I woul keep the letters you have already sent and present them in a court action before you take an personal action. It';s always better to have the courts approval before you act rather than needing to defend yourself, even if you are in the right and most likely would prevail.

 

[Ozark_Sophist]

But backhoes are so much fun... But yes, expect a response from the neighbor for the self help method -- which is why if you do it, you need alot of help to get it done quick and videotape it.

 

[justalayman]

But backhoes are so much fun... But yes, expect a response from the neighbor for the self help method -- which is why if you do it, you need alot of help to get it done quick and videotape it.

Hoes? what do hoes have to do with this? Maybe they could distract the neighbor why OP cleared the roadway. I believe it to be an uneccessary expense.


Oh, you said backhoes. with this dyslexia I thought you said hoes (on their) backs.


Nevermind. (as quoted from Emily Latella)

 

[Ozark_Sophist]

Or the OP can pull a Harry Potter. Put together a flashy announcement that the neighbors have won a best yard competition and to collect the prize in some city two hours away. Gives you at least four hours to remove the cement.

Then when the neighbor complains, say,"What cement?"

 

[Rafter Spout]

April Fool

I like this Harry Potter trick.
If the situation wouldn't so serious we could try this:
It is the first of April today, it could be combined
with a nice April Fool.
Can you sue someone for a nasty April Fool?