Can I stop people other than the easment holder from using my property?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I stop people other than the easment holder from using my property?

The easement holder has allowed people I
don’t know to ride up and down the
easement on my property. It is all hours
of the day and night. Can I stop these
people????? The easement holder does not
live on the property.

Asked on June 27, 2019 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An easement applies not just to the easement holder(s) him-, her-, or themselves, but also to their "invitees" or "licensees," such as their family or friends who. they invite to use the property. If the easement holder is allowing other people to do this, you cannot stop them from using the easement simply because they are not the easement holder(s) themselves.
However, they still have to comply with local noise, etc. ordinances, so if they are creating excessive noise or noise too late at night, you may be able to have the town ticket them and/or the easement holder allowing them to do this. Check your local ordinances to see if any apply.
Also, if the easement is for a specific purpose and the use they other people are making of it is beyond or outside that purpose, then you could seek a court order stopping them: the easement holder may only allow others to do what the easement, by its terms, permits. Example: an easement to allow the holder to access or reach his property would let guests access or reach it, too, but would not allow them to ride up and down it recreationally on ATVs.

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 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 lock Secured with SHA-256 Encryption