Trespassing, Malicious destruction of property

[quincy]

The easement is still showing in the owners / sellers name. Not the land contract holder.

Is this easement for your benefit only? Is the purpose of the easement for lake access only, or is it the only road to your property? You mentioned that your neighbor has another way to access to his property.

 

[trailrunner62]

Is this easement for your benefit only? Is the purpose of the easement for lake access only, or is it the only road to your property? You mentioned that your neighbor has another way to access to his property.

The easement is for both of our benefit to access the water. This is not the only road. We each have our own driveways as well to our properties. We only have this access to the water.. The other owner has another driveway to the beach on his second lot. He is selling both lots together. He just listed his property for sale.

 

[trailrunner62]

We each have drives i. front of our homes. The easement is on the backside/lakeside on the boundary line. It is for accessing the lake, not our homes.

 

[quincy]

Even if your neighbor agreed, you probably would not want to eliminate the easement if it is your only lake access road.

So ... your neighbor is selling his property and you are planning on selling yours. Other than repairing the lake access road so new owners can use it, and suing your neighbor for his share of the cost of repair, I don’t know what else to suggest.

Good luck.

 

[trailrunner62]

We can still access the water on our side without the easement . We have a drive next to the easement we had cut last year, but the same neighbor encroached and destroyed it with his excavator. It would also need repaired.

 

[trailrunner62]

Who would we sue, the deed holder or the neighbor purchasing the land on land contract?

 

[quincy]

You would sue the ones who are damaging your property and your neighbor for not contributing to the cost of easement maintenance.

If your neighbor has been purchasing the property on a land contract, he is the owner of the property. The one he purchased the property from holds a lien on the property until the land contract is paid in full.

 

[trailrunner62]

Thank you for all the advice. At least we have an idea where to go with this now.

 

[quincy]

Thank you for all the advice. At least we have an idea where to go with this now.

At least you will be rid of the neighbor soon with the sale of either his property or yours (or both). Good luck with it all.

 

[trailrunner62]

Right! Thanks

 

[quincy]

Right! Thanks

You’re welcome, trailrunner62. I appreciate the thanks.

Good luck with it all.