What is the name of your state? Colorado
We have an ingress/egress access easement prepared and recorded by our attorney twenty years ago when we owned the acreage that the easement presently burdens. In our state of Colorado the width of legal access easements are set forth at a width of 60 feet.
Earlier this year (2019) the property changed hands and unfortunately for us, a narcissistic bully was the buyer of this land. Three individual families have used this easement for two decades. However, the actual graded off gravel roadway is only 15 feet in width leaving the undeveloped roadway of 45 feet inaccessible due to the growth and placement of Pine, Fir, and Aspen trees.
Within hours of the Bully closing on the land, signs were placed inside the 60-foot perimeter of the easement telling the three families who use the easement that “Children Were at Play” and we were to “Drive Like They Are Your Kids”.
Believing that the realtor probably did not bother to disclose the true width of the easement, I composed a letter to the new owner advising him that the easement was in fact 60 foot in width; gave him the reception number of the document; told him we appreciated being informed that children would be in the area from time to time; that the three families are all adult couples with no children or teenagers who drive recklessly; so perhaps the signs could be removed or at least be placed along side of the 60 foot perimeter and not inside in the 60 foot perimeter.
The bully got angry at the suggestion and not only left the signs in place but then proceeded to stretch 6 foot high wire fencing along the edges of the 15 feet of the excavated driveway area. A few weeks later he stopped me in the driveway and forcibly detained me for 45 minutes telling me that he had ‘vacated’ the easement and that I could find another way into my home.
I was told by a layperson that interference with a legal easement constitutes an intentional tort of trespass. Is that true? And if so, what are my options?
We have an ingress/egress access easement prepared and recorded by our attorney twenty years ago when we owned the acreage that the easement presently burdens. In our state of Colorado the width of legal access easements are set forth at a width of 60 feet.
Earlier this year (2019) the property changed hands and unfortunately for us, a narcissistic bully was the buyer of this land. Three individual families have used this easement for two decades. However, the actual graded off gravel roadway is only 15 feet in width leaving the undeveloped roadway of 45 feet inaccessible due to the growth and placement of Pine, Fir, and Aspen trees.
Within hours of the Bully closing on the land, signs were placed inside the 60-foot perimeter of the easement telling the three families who use the easement that “Children Were at Play” and we were to “Drive Like They Are Your Kids”.
Believing that the realtor probably did not bother to disclose the true width of the easement, I composed a letter to the new owner advising him that the easement was in fact 60 foot in width; gave him the reception number of the document; told him we appreciated being informed that children would be in the area from time to time; that the three families are all adult couples with no children or teenagers who drive recklessly; so perhaps the signs could be removed or at least be placed along side of the 60 foot perimeter and not inside in the 60 foot perimeter.
The bully got angry at the suggestion and not only left the signs in place but then proceeded to stretch 6 foot high wire fencing along the edges of the 15 feet of the excavated driveway area. A few weeks later he stopped me in the driveway and forcibly detained me for 45 minutes telling me that he had ‘vacated’ the easement and that I could find another way into my home.
I was told by a layperson that interference with a legal easement constitutes an intentional tort of trespass. Is that true? And if so, what are my options?
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