Re: residental easement, legal advice needed

[EMAIL PROTECTED] (tesapheap) wrote:

> I own a parcel of land which has an easement attached to it
> which gives two of my adjacent neighbors a right of way to use
> 50 feets more or less of my land for road access, ditching, and
> utility use. In the road maintenance, it says that all three
> owners should share one driveway. In the past, only one owner
> use the right away.  Now, the other one just decided that she
> wants to put up a road in her undeveloped land which she plans
> to live there when she retired. Thus she will start using the
> right away in my land as well.  During the construction process,
> I learn that she wants to clear out some trees along the 50 feet
> lines in order to make room for her road which is not a problem
> in a certain area.  However, I have a hilly driveway which I
> feel is supported by the trees below, along the 50feet lines. 
> Can I ask her not to use the entire 50feet, say 30feet?  She
> insists that she needs to clear the 50 feet area to make room
> for the road. 

You can ask.  You could also work out a deal where she could take a 
slight detout.  You'd have to check with a local lawyer to determine 
exactly what her rights are.

> The other question I have is regarding the other neighbor who
> also has the right away in my land.  His land is not landlocked,
> and until this day, I do not understand why he needs to use my
> land for road access. The northern border of his land is bound
> to a town road and he can access the road through that area in
> his lot without having to use my land at all.  The easement was
> already attached before I bought the land.  Is there a way I can
> relinquish this easement?

If he hasn't used it for a long time, you could possibly get a court 
to determine that it's been abandoned, in which case he may lose it.  
Check with a local lawyer to determine exactly what the requirements 
are to establish his easement's been abandoned.

Stu