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

radios1 · Jan 26, 2019

Larry Caldwell said:
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 · Jan 26, 2019

radios1 said:
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 · Jan 27, 2019

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 · Jan 27, 2019

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 · Jan 27, 2019

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 · Jan 27, 2019

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

goeduck · Jan 27, 2019

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 · Jan 27, 2019

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 · Jan 28, 2019

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 · Jan 28, 2019

Sprinklerman said:
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!