What to do if I have 2 acres of residential property that is landlocked?

I have a recorded easement that runs from a major US highway to the point of where my property begins. My neighbors have posted a sign on this easement that says heavy equipment is forbidden on this roadway. I would like to upgrade my driveway that connects to this easement which means heavy equipment would be needed on my property. I would like to know if this posted sign is legal or not. Can you provide some insight?

Asked on January 10, 2013 under Real Estate Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, since you have an easement to your two (2) acres it is not landlocked. As to what you can take on the easement that you have to your parcel or not such is determined by the scope of the easement itself. As such, you need to go to the county recorder's office and pull a copy of the easement to see what you are entitled to use on it.

If the easement does not prohibit heavy equipment, then you can use such equipment. You might want to consider consulting with a real estate attorney to assist you in your matter.

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