Can I deny my neighbor access to an easment through my property?
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Can I deny my neighbor access to an easment through my property?
My neighbor’s property runs along side ours; about 50 ft down our property hers cuts behind ours. She is not
land locked and the easment has always been for the utility company to have access to power lines that run through our property. She is insistent on the fact that it is illegal that we don’t allow her to cut through our property to her own, while she can just as easily cut through her own property to reach the area in question. There is also no mention of her having access to an easment or access road or trail in any of the property paper work deed, survey, plat map, etc.
Asked on August 20, 2019 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You write that the easement is for the utility, for access to their power lines; that is NOT your neighbor's easement, or an easement for the general public--it's only for the utility. Your neighbor has no right use it or enter/access/cross your property. You can put up a gate or fence or call the police on her for trespassing.
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