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Re: Road easement problems (long)


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Posted by Doug in IL on December 19, 2007 at 21:36:43 from (67.142.130.12):

In Reply to: Road easement problems (long) posted by MSD on December 19, 2007 at 19:49:28:

You probably have an easement which allows ingrees and egress to your property. That is, you have the right to enter and leave your property by crossing over his. If that's the case, that is all that you have. The 33 x 1300 foot easement belongs to the original owner lock, stock and barrel. He probably pays the property taxes on all the easement. An easement is not a private road. This is where the problem usually begins. Many think a granted easement is their own private road. It is not. The owner of the property would be well within his rights to spread gravel on his own property. On the other hand, he can't block the easement off or move or destroy it either. So, when you disturbed the easement to install the culvert, you were basically trespassing on the owners property, and modifying it without his knowledge or permission. It would be no different than if he came to your house and painted it in purple and yellow stripes while you weren't home. If he did that, would you want the damages paid for by him? Probably. Seriously, what he really may be concerned about is the easement "morphing" into a public roadway eventually. Your son now has a house there. You took it on yourself to add a culvert. Who does snow removal? I had a similar problem like this last spring. I own a property where a 1/2 mile long easement has been granted by me to 5 property owners with lots like your sons. I heard 2 of them were trying to get the township to grade the easement and do snow removal. Sure enough the township road grader showed up working the easement one day. I had to go run them off. If I allow them to do that unchecked on my property, one day I could run the risk of loosing it to adverse possesion, as a claimed publicly maintained road. And, yes, I had checked with my lawyer beforehand. These are things which concern property owners. But you have the right idea, for sure, go see your attorney.


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