Can I take away someone’s easement right on my property?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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