Gawking Neighbors & Easement

syberchicaOctober 1, 2008

We moved into our home 7 years ago at what we thought was a dead end. When signing the papers, it turns out that we share an easement with two homes behind ours. However, they created another easement of their own, and never used ours . . . Until recently. They haven't paid for or taken the initiative to maintain our easement for at least 8 or 9 years according to the other neighbors who rightfully share the easement. The only clause in the deed paperwork is that all neighbors must pay to maintain the easement, regardless if it is being used. So my question is, what I can we do to have this easement removed from the neighbors who are using the easement simply to gawk? Any advice?

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Yes, speak to an RE lawyer. Information you'll get here will only be guesses, which could lead to who knows what if they're incorrect, and it also depends on where you live.

    Bookmark   October 1, 2008 at 11:13PM
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I agree with Lucy. I'd get to a lawyer ASAP and find out how to legally remove the easement. I wouldn't make my intentions public to these people, either. They may start maintaining the area and that would just complicate the issue...

Let us know how you make out.

Good luck!

    Bookmark   October 2, 2008 at 6:55PM
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Curious, what are you doing that the neighbors feel the need to "Gawk"?

You can hire someone to survey your property, if you are thinking of selling you might have to do that anyway. The $7-$10.00 options is go to the county and get a plat map of your property. What it says is what you own and where the easement is.

An easement is property owned by the city/county/state to get to sewers or other utilities. The neighbors cant just make up a new easement. I am sure your neighbors know that.

    Bookmark   October 6, 2008 at 5:51PM
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An easement is not property owned by them it is just an area they can utilize and install utilities. Easements can be any footage off of a property line or permanent marker or so many feet either side of a property line. You still pay taxes on that area if it is your property and it is your sole responsibility to maintain per city or HOA rules. It gives your local cable company the ability to trench in a new line through that area and not have to get permission, or to go back and perform maintenance/repairs.

I would go to the courthouse and get the low down on the property lines and eaesments.

    Bookmark   October 6, 2008 at 7:31PM
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1) What does the easement allow them to use it for? Typically if not for utilities, the easement is for access of some sort to their house. They can't just set up a tent or a basketball court on your land because they have an easement to drive across it.

2) To remove it you would have to revise all your deeds to extinguish the easement. In addition to the legal fees, you would probably need to pay them something, because an easement has value even if they aren't currently using it. The fact that they don't use it means you may be able to buy it from them for cheap, however. ($1000 for nothing? sure!)

    Bookmark   October 30, 2008 at 12:06PM
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