Can I take away someone’s easement right on my property?

UPDATED: Feb 9, 2012

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: Feb 9, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I take away someone’s easement right on my property?

There is an easement through my business parking lot for people who live adjacent to gain access to the highway. One person, upon turning the corner onto my property hits the gas and speeds through the lot, endangering my employees and customers. Can his right to use my property be taken away?

Asked on February 9, 2012 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately you cannot take away his easement. An easement is essentially a property right in many ways; like other property rights, it cannot be taken away because someone is a bad neighbor.

Of course, if he injuries anyone or damages anything, he can be held liable.

You may also take steps such as the installation of speed bumps, or changing the shape of any ingress or egress to the lot, or putting down certain concrete barriers or islands, to slow him down. You have to provide him access--but since you still own the land, you may take reasonable steps to control traffic.

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