Hello I have a 9.705 Acre tract with a 7 stall horse barn with two 30’ long sheds on the right side. This barn is at least 50 years old.
When I had approx. 10 acreas cut out of a 40 acre farm some 16 years ago the sellers split the 40 with an old road-bed that was surveyed and added as a 30’ Easement to the North side of my property and to the other 2 parcels.
At the same time a 50’ Easement was added by the sellers of the farm just in case someone should need to get a double-wide trailer onto one of the parcels.
The 30’ Easement is the ONLY one that has been used in 16 years, but now I have a Dirty Old Man that I offended when I turned down his unwanted advances. Now he has a hair up his butt and wants to take this unused “Proposed 50’ Easement”. He is doing it totally out of spite and when he clears the entire 50’ as I KNOW HE WILL…it will run straight through two 30" long sheds permanently attached to my barn. I figure I will come home one day and half my barn and all the contents will just be missing.
Is there ANYTHING I can do to protect my sheds and barn or can he just take them at will? Does he legally have to give me notice to vacate these sheds before he can tear them down if so?
What is the law here? Any Suggestions on how to stop or slow down this action ASAP? I’m at my wits end! Thanks!
You need to talk to a lawyer licensed in your jurisdiction.
I know I need an Attorney, but I was in a traffic accident back in May and have only been back to work for 5 weeks. I’m just trying to make to necessary payments and save my land now. These neighbors know I can’t afford to defend myself against them. This old man would spend his last dime making my life miserable. If someone knows how to research this subject I would love the knowledge to do a search.
This subject is complicated. Most state Bar Associations have a program where they can refer you to a lawyer for a consultation at a low fee, about $30.
search for “[my state or major city] Bar referral service.”
Thanks, “hello again” I am going to try and get in touch with the Legal Aid Society in Winston-Salem tomorrow to see if they can help me. I don’t want to lose this land to such a tyrant. He has never needed the easement til he got his panties in a wad. Just a Spiteful, Miserable Old Man.
We cannot give legal advice on the SDMB. Those of us who are lawyers would not give legal advice on the SDMB. But my common sense advice would be to read, thoroughly and carefully, what your deed says on the matter of easements, because that’s where your rights lie. Then consult a lawyer in your jurisdiction. Good luck.
This is not legal advice. I am a lawyer, but I am not your lawyer. I do not represent you or anything else and I am probably not even licensed to practice law in your state. This is an anonymous message board and I could be lying. Conduct yourself accordingly.
An easement is normally documented in written form that the original owners of the land agree to and then becomes attached to the property. Do you have a copy of the written easement? The written easement will spell out the conditions of the easement. Normally an easement follows a surveyed line and then allow for a width of number of feet on either side of the line. As an example a 50’ easement would not be limited to 25’ on either side of the line, but could permit 40’ on one side and 10’ on the other, or 0’ on one side and 50’ on the other, to permit access along the easement path. There may also be a height restriction, that would permit the easement holder to cut tree limbs etc. in order to allow the movement of vehicles, trailers, etc. along the easement.
In your case, assuming that the easement granted on your property is described as I mentioned above, as long as there is room for the easement holder to move whatever property (trailer etc.) around the barn without being restricted, he should have no reason to require you to move or dismantle your barn.
You should talk to a lawyer. And before the easement holder starts tearing down structures without your permission, he better have a court order, or call the police and charge him with tresspassing.
talk to a lawyer. ianal.
i think the easement allows for a road within the 50 feet. the other person doesn’t control the easement, they can’t clear cut or pave it, they can just use it. the 30 or 50 foot is to allow to get around obstacles like trees and rocks and buildings, if the road had to be straight it would be just vehicle width. if a road can pass through within that area then it is OK.
IANAL, so any legal advice I give is rectally extracted, and should be considered in that vein.
An easement means he is given the right to use that property, but he does not own it. As such, he cannot make permanent modification to said property, such as demolishing a structure unilaterally or installing a pond. If he has to modify property to accomplish his purpose, the onus is on him to restore the property after he’s done.
If he needs room to get a trailer back to his site, he’s entitled only to the room necessary to get it back there, and no section of a doublewide exceeds 16 feet.
Git yer butt to a real estate lawyer yesterday. Maybe Legal Aid can help.
Why do you say it is a “Proposed 50 ft easement”. If it really is just proposed, it is not necessarily recorded yet. You should figure that out.
You need to get your title, your plat and whatever you have and carefully read the fine print, the notes, everything you can regarding the language on it. If you don’t understand the language on it, contact a lawyer - or even a county surveyor should be able to help you.
You should figure out what the 30 ft easement is for too. Has it been replaced by the 50 ft easement, or is there really two easements? Is it an access easement? Does it include utilities - and if so which ones? Is it public or does it benefit only certain properties? Get a handle on these things first.
First off…Thanks for the suggestions so much everyone! Bless you! This is helping me so much emotionally. The 30’ and the 50’ easements are on the survey and the deed. The 30’ goes to the North side of my land and between the other neighbors, plus the old grouch uses it to get to his land. This was drawn up at same time for all 3 properties 16 years ago.
The 50’ Proposed Easement starts at the right edge of my barnyard and travels left toward my barn for 50’. This old guy keeps threatening to take it all which would mean that it would take two 30’ long sheds approx.12’ wide off the side of my barn. I’m hoping there is a rule saying he can’t do this if he doesn’t need it. He has lived there approx. 12 years and never needed it yet til he got his bloomers in a wad. I think it was reply #7 that gave me the most comfort. I believe it said something about if he doesn’t need it he can’t destroy it or take that area. I pray this is true. I didn’t get to call legal aid today, but I WILL get to tomorrow.
Thanks Again Everyone!add-on
if both are on the deed they are there. the 50 foot one is only proposed in the sense that that path hasn’t been used yet, his right to use it exists now. if he can find a path within that 50 feet that is what is needed. i don’t believe that he can alter or pick any driveway if a driveway exists or can fit through cleared land.
ianal. talk to a lawyer.
You seem to think that, by having an easement, he can take up residence on the land, or destroy your property. I’m pretty sure he can’t. The language of the easement would be helpful, by you, not he, is the owner of the property. You might not be able to stop him accessing the land, but he can’t tear down your barns willy-nilly. That is, if this is indeed an easement.
In my case, I bought 14 acres. People bought acreage behind mind, but that includes a 50’ strip between my farm and my neighbor’s. They own the 50’, it’s not an easement. I would have no right to build my barn 1" on their 50’ strip. Of course, I mow part of it, because it makes my yard look shabby when they don’t mow it. They would be within their rights to prohibit the mowing, but they don’t care. Some people think these folks just have an easement, because it’s such a narrow strip, but the could build a house right on it if they wanted.
Just in case you don’t know ianal stands for “I am not a lawyer”. IANAL.
StG
nNTTAWWT.
Don’t forget this. If he so much as touches anything on your property more substantial than a blade of grass, get the cops out there (don’t touch him, but take pictures of everything he does). As long as you stay calm and in control, in a situation like this, cops will generally side with keeping things the way they are until the lawyers get it figured out. Which is what you want, of course.
You’re still not mentioning critical information here - what kind of easements are they? Are they access easements for the benefit of certain tax lots? Are they mainline natural gas pipeline easements? Are they easements allowing him to build a casino and strip bar? The language of the easement is very important. You should get this together for when you talk to a lawyer.
Sorry, I’m still a little confused. Are you the property owner and have granted HIM an easement onto your property, or is HE the landowner who has granted you an easement on his property? And what exactly is the easement for? It must have a purpose.
And are your barn and side buildings completely on your own land, easements notwithstanding?
IAAL, etc. etc. as before.
I was confused about that point too.
Also, if you are the landlowner, and he has benefit of an easement, is his property landlocked without the easement? (from what the OP said I think the 30’ easement without any structures on it prevents him being landlocked even without the 50’ easement but I’m not sure from the description).
The more I read the OP and following illuminations, the more I think either she doesn’t understand easements, and/or the old coot is being maliciously manipulative.
There is no way use of an unexercised right-of-way easement can be used to assume control of the property in question, up to and including removal of existing structures.
In case anyone hasn’t done this already,easements.
It is apparent the neighbor, who has right of easement, is claiming that the barns and other things on the OP’s property are blocking his easement, and has begun clearing the easement path. The OP is worried that the neighbor may attempt to dismantle the barns that are in the easement path, as interpreted by the neighbor.