Can an easement holder prevent the grantor from using the property?
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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 12 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.
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