What are our legal rights regarding access to our property via an easement?
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What are our legal rights regarding access to our property via an easement?
We have a parcel of land with access through an easement that was built in to the deed. The description is some what general and only states that we are allowed a 20 foot easement to our property. We have been having problems for years with the owners of the property that the easement passes through. They have three stud horses residing on a three acre section and they are bedding, feeding and crapping all over the easement road. There are often water troughs, feed and crap to contend with just to get to our property. The horses are males un-gelded for breeding purposes and are very aggressive and they make it very difficult get into the property and are always trying to get out. I understand that the easement is on their property, but do they have the right to make it so difficult for to get access and are we responsible for their horses when they choose to put them directly on the road/easement?
Asked on July 21, 2011 Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally an easement is the right to use another person's property for a particular purpose. You seem to be describing an access easement through the neighbor's property that benefits the land that you own.
As owner's of the right to use access to your property through the neighbor's property, you have the right to use the access without disruption or inconvenience by the neighbors of their horses.
Road the terms of the easement, its scope and location to solve the propeblem. Perhaps fencing along both sides of the road installed by you will keep the horses off the road and make getting to your place easier. Consulting with a real estate lawyer with experience with easements might help you further with solutions to your problem.
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