Can an easement holder prevent the grantor from using the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an easement holder prevent the grantor from using the property?

My neighbor has a “permanent easement for access of vehicular and pedestrian traffic and all other access uses normally associated with a single family residential property” across the corner of my backyard. The access easement document gives him no other specific rights. It does state that he is “responsible for any and all use, repairs, and maintenance of the area associated with the access easement”. He has built a fence enclosing the eased area of my backyard into his backyard cutting off any access I have to this property. Is he allowed to do this?

Asked on April 3, 2012 under Real Estate Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, he is not.  He is attempting to claim the land via adverse possession and what you need to do is to write him a letter requesting removal immediately or advising that you will be removing the fence on your land.  Seek legal help here too.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption