Is there any such thing as abusing a easement across my property?

[radios1]

I bought this property 4 years ago. There is a easement allowed up our driveway and beyond to a cabin.
The cabin just recently sold and the owners turned it into a rental, listed it on AirBNB.
It now is relisted as a year around Lodge.
I have gone from a car or two once in a while going by to 6-10 cars on some days.
My gate is being left open, cars driving on my lawn.
People coming to our house after dark looking for the cabin they just rented

Anyone ever run into a BNB Rental Lodge problem?

you should see if the easement can be removed!!.. because that is absurd!..

 

[ch1ch2]

I agree and disagree.
I agree that if you are charging or not charging does not matter. If you are negligent you are libel. (as I understand it)
I always heard it called "an attractive nuisance."
I disagree with"say goodby to your retirement fund. I have always understood that in general retirement funds are protected funds. And some insurance funds are protected funds.
OJ Simpson is living pretty good on his insurance funds in spite of the huge judgment against him.

Let me rethink that!
Though I did disagree with Eddie, I have just thought of a situation where he would be correct.

Say a person is on your property and steps in a hole and breaks their leg.
If you dug the hole you are responsible. If an animal dug the hole you are not. It was naturally occurring.
If you were taking money from the person on your property, you are responsible. You had the responsibility to make it safe.

I am not an attorney. But, I know one....so...doesn't that make me an expert?

 

[4570Man]

Let me rethink that!
Though I did disagree with Eddie, I have just thought of a situation where he would be correct.

Say a person is on your property and steps in a hole and breaks their leg.
If you dog the hole you are responsible. If an animal dug the hole you are not. It was naturally occurring.
If you were taking money from the person on your property, you are responsible. You had the responsibility to make it safe.

I am not an attorney. But, I know one....so...doesn't that make me an expert?

How do you prove his dog dug the hole vs some other dog? And isn’t his dog an animal?

 

[ch1ch2]

How do you prove his dog dug the hole vs some other dog? And isn’t his dog an animal?

I give up....How?

 

[ch1ch2]

How do you prove his dog dug the hole vs some other dog? And isn’t his dog an animal?

OH!
I see my type-o.
It should say if you dug the hole.

I have gone back and edited the post.

Thank You.

 

[4570Man]

OH!
I see my type-o.
It should say if you dug the hole.

I have gone back and edited the post.

Thank You.

I didn’t realize it was a typo and that was an honest question. It makes more sense now.

 

[ch1ch2]

I have read enough of your post to know it was an honest question.
Thank you.
My answer was my standard answer when I am not sure what to say.

 

[the old grind]

I like the dog kennel idea. Beagles would have the BnB's rep ruined after a month or two of howling at stars, the moon, bats, moths ...

Sign: "BnB Please Keep to Left" etc. Start with a friendly posting and reach out to the new owners.

I'd might ask what I could do to help them out. Sort of a back door way to show them you believe in teamwork. New owners might be waiting for retirement to move in themselves. I doubt if they'd take my word for it what a great neighbor they'd be getting. Show 'em your good side right away. :2cents: t o g

 

[radios1]

I like the dog kennel idea. Beagles would have the BnB's rep ruined after a month or two of howling at stars, the moon, bats, moths ...

Sign: "BnB Please Keep to Left" etc. Start with a friendly posting and reach out to the new owners.

I'd might ask what I could do to help them out. Sort of a back door way to show them you believe in teamwork. New owners might be waiting for retirement to move in themselves. I doubt if they'd take my word for it what a great neighbor they'd be getting. Show 'em your good side right away. :2cents: t o g

how about "Danger, loose Pitbulls". he should be able to have Pitbulls on his own Property as Guard Dogs!..

 

[Larry Caldwell]

I stayed at a B&B once where the neighbor had a small herd of asses. I love the sound of a jack winding up at dawn, but apparently city folks don't like being roused at 5 AM. A Jackass will wake you up from 100 yards away through a closed window. Peacocks are noisy too, though not reliable at dawn.

 

[radios1]

I stayed at a B&B once where the neighbor had a small herd of asses. I love the sound of a jack winding up at dawn, but apparently city folks don't like being roused at 5 AM. A Jackass will wake you up from 100 yards away through a closed window. Peacocks are noisy too, though not reliable at dawn.

I have one of those next door to me, the Human kind.. he's always running some kind of power equipment for no reason early in the morning, to late afternoon..

 

[Oldoak]

I have one of those next door to me, the Human kind.. he's always running some kind of power equipment for no reason early in the morning, to late afternoon..

Sounds like an ambitious individual, not a couch potato.

Myself, even with being retired, I like to start any work I have to do just after the crack of dawn. Weather permitting of course. I think it is the best time of day to be up and about. But I don't work all day long unless I have a major project in progress.

I live in a rural agriculture area and people can expect machinery to be running any time of day and even through the night during harvest time. Newcomers beware and need not complain.

 

[Diggin It]

Summer time, I'm always up at Dawn and doing things before the heat builds, but I try not to run power machines until around 8AM or after. This may be country, but sound travels quite a ways.

Now back to your regularly scheduled thread ..... OP? OP where are you? Have you made any progress?

 

[goeduck]

Seems to me some rocks or short fence placed along the easement would keep the renters off of the lawn. Some signs would better direct the renters so they do not end up on the OPs doorstep as often. Whether or not the easement can be used for a vacation rental is a legal thing. I certainly doubt anything can be done about the additional traffic unless the zoning or easement restricts the use. I know locally there are hearings at the county level on what to do about homes turned into vacation rentals for (likely) this very reason as well as noise.

 

[Sprinklerman]

A friend of mine owns 2 properties in suburbia , across from each other and they are on a private road . There are 4 lots next to his property that a developer bought and wants to build . The developer , thought highly of himself . My friend simply told him you cant build houses there . The developer told my friend he deals with neighbors all the time and he doesnt lose . My buddy says OK waste your money then . Six months later surveyors are out there setting points , staking out houses . Telling my friend how they will regrade the road , put in ditches , he will lose his fence etc . So my buddy asks if they worked for an engineering firm ? They said yes . He told them to get the engineer on the phone , they did . So my friend asks the engineer , you do know this is a private road , the engineer said yes , thats not a problem , my client has an easement . My friend said thats true , but when this developement was plated everything was well and septic . The engineer said yes he figured that , but there is water and sewer at the corner of the adjoining property line . My friend said , yes there is , and there is an easement . But if you read the deeds there are 2 words that apply on that easement , they are " OVER and ABOVE " . There was a pause he then handed the phone to the crew and they left shortly there after. About 2 hours later Mr. Developer shows up with a major attitude . Says he will sue , he will make it happen . ( i was over there at this time ). My buddy told him to cut his losses , he was number 4 , the first guy tried and lost , so did the second , the third guy read the cases and didnt bother and sold it to you . Then handed him a transcript of the case . The guy left in a huff . Two weeks later the guy came back with papers and a $5000 check and told my friend to take the money , he laughed . The first guy offered $50K and the second offered $60K , my price to lose my privacy , peace and quiet is $200K the exact same amount it will cost you to run utilities from the other end of the property . Or heres an offer of $40K for it all . So after about 6 months the hot shot developer cut his losses and sold him the land .

"OVER and ABOVE " was meant they could drive over the road , and run electric above , but couldnt stick a shovel in the ground . Since it was plated in the early 1900's , water and sewer wasnt even thought of , well and septic was the norm .

 

[ultrarunner]

^^^Love it... the power of comprehension is often underestimated.

 

[goeduck]

I have never heard of that term in an easement but I sure am glad he knew his rights! That is a great story

 

[4570Man]

Why couldn’t the developer just use septic? Or run above ground lines. Sure you’re going to have to take precautions against freezing but it’s doable.

 

[Sprinklerman]

He could have used septic with a special exemption , but he could only build 1 house then due to lot size . Above ground water and sewer , never happen in this county . its all about numbers , and they wouldnt pencil .

 

[Oldoak]

He could have used septic with a special exemption , but he could only build 1 house then due to lot size . Above ground water and sewer , never happen in this county . its all about numbers , and they wouldnt pencil .

One thing I have learned over the years, never say never.

Years ago there was no "zoning" in many areas, then came zoning. Oh good, this or that can "never" take place in this part of the area because zoning will not allow it. Then came along "zoning variances" and there goes the neighborhood. Urban sprawl into agricultural farmland. Money talks!

And don't even get me started on immanent domain!