Ingress/egress easement rights

[lpst]

What is the name of your state? CO

I have an easement across my 40 acre property that states "Centerline of existing roadway platted heron as referred to in the certificate of dedication, as written on this plat. Said roadway being platted for the specific purpose of providing private ingress/egress to a tract as necessary".

When I purchased I assumed that the 2 lots that need access across my property would use this road - and they do when they visit (not full time residents). But now a new resident in the neighborhood whose property has its own separate access road feels he has the right for him and his guests to hike across my property because it is a platted easement. Does he have the right to use it? He is also hiking on the other 2 lots to then reach the national forest, but I am not sure if they gave him permission or not.

I am also concerned for 4 wheeler traffic, etc in the future so just want to know if this person can use the easement for recreational use when he does not need to use it to access his tract?

 

[LdiJ]

What is the name of your state? CO

I have an easement across my 40 acre property that states "Centerline of existing roadway platted heron as referred to in the certificate of dedication, as written on this plat. Said roadway being platted for the specific purpose of providing private ingress/egress to a tract as necessary".

When I purchased I assumed that the 2 lots that need access across my property would use this road - and they do when they visit (not full time residents). But now a new resident in the neighborhood whose property has its own separate access road feels he has the right for him and his guests to hike across my property because it is a platted easement. Does he have the right to use it? He is also hiking on the other 2 lots to then reach the national forest, but I am not sure if they gave him permission or not.

I am also concerned for 4 wheeler traffic, etc in the future so just want to know if this person can use the easement for recreational use when he does not need to use it to access his tract?

Unless lot was also granted an easement he has no right to use the easement granted to the other parties. Some people do not understand that an easement doesn't necessarily mean an easement for the general public.

You need to run everything by a real estate attorney who can research things to determine who has ingress/egress rights regarding the easement.

 

[lpst]

But does a platted roadway mean that everyone in the neighborhood can use it? Or just those that need it to get to their land?

 

[PayrollHRGuy]

The verbiage mentions "certificate of dedication". To whom or what entity was it dedicated to?

 

[lpst]

I looked on the plat and it does say in the certificate of dedication (along with other stuff for utility easements) " The conveyance of each tract shall carry with it the right to use the roadways as platted and shall also carry with it the right of ingress and egress from a maintained county road"

 

[Zipzip]

Said roadway being platted for the specific purpose of providing private ingress/egress to a tract as necessary.

I do see the word private in there.

I would put a gate up. And if that didn't work add a lock and give keys to the owners you mention below.

When I purchased I assumed that the 2 lots that need access across my property would use this road - and they do when they visit (not full time residents)