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

[LouNY]

The first thing to do is carefully read your deed and the property deed for the one with the easement.
Depending on how the easement was recorded in the deeds will effect what can be done.
Once that is done other steps may be taken.

 

[oosik]

Yes, find out what the easement says. Who has the easement - you or the cabin owner or both. There may be very specific wording in the easement. See if local zoning laws allow a B & B where the cabin is.

My driveway is on a purchased easement. One mile long. The owner of the property that sold us the easement wanted to use the first half of my driveway as access to a portion of his property. It was going to be used for heavy loaded semi trucks. I called him, asked who his attorney was. Called his attorney, explained the situation. Obviously, his attorney advised that the easement did not allow for this. I never heard another word on this situation. That was 28 years ago.

You have to know what leg you are standing on.

 

[ch1ch2]

Raise hogs.

 

[9973720wb19]

check zoning - if the land is zoned residential or farm, you might be able to make a claim that a BNB is a business. therefore, not allowed. the other thing to check if there is any driveway easement agreement filed with the county. there should be something when the easement was established with the local zoning office. it should state who's responsible for maintenance etc. along with that are there any covenants that run with the land when it was established into various lots.

 

[4570Man]

Squeal on them to the IRS, they probably are not declaring the income.

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I’m guessing it’s not very profitable on paper after you take out all expenses. And wow, I’m glad some of you guys aren’t my neighbors.

 

[oosik]

4570Man - my neighbor on the north side is "like that". Thank God he lives 4 1/2 miles away. Last time we bumped into each other, at the grocery store, neither of use recognized the other, right off.

 

[BoylermanCT]

I’m guessing it’s not very profitable on paper after you take out all expenses. And wow, I’m glad some of you guys aren’t my neighbors.

Depends where you are located. I have a friend who travels a lot and was never home. He rented his home on Air B&B and it covered his mortgage. His reputation grew, and he was able to raise prices and increase bookings. He bought a new house to live in, and the rentals cover both mortgages now. He's getting $900 a weekend and $300 a weekday and is booked solid for 6 months out. He had a few issues early on of parties, but found by raising prices, he got rid of the riff-raff.

 

[4570Man]

Depends where you are located. I have a friend who travels a lot and was never home. He rented his home on Air B&B and it covered his mortgage. His reputation grew, and he was able to raise prices and increase bookings. He bought a new house to live in, and the rentals cover both mortgages now. He's getting $900 a weekend and $300 a weekday and is booked solid for 6 months out. He had a few issues early on of parties, but found by raising prices, he got rid of the riff-raff.

At the rate of over 120k a year I’d guess the IRS is already getting their cut.

 

[TractorGuy]

I feel for you! In your case I would definitely talk to the county about zoning and probably an attorney. It would seem the shift to rental property would be abuse of an easement.

My property was accessed via an easement and also had an easement running across the front of it. I purchased the piece of property that the easement went to so I wouldn't have to worry about it. The same piece had one of my easements I used to get to my house.

We have a shared roadway easement we drive on to get to our house. One of the people that use to live along the road bought up several tracts and now has 4 rental homes on them. She no longer lives on any of the properties. We did some repair maintenance on it a while back and she got upset when I told her she had to pay 4 shares. It's a no brainer that the only fair way to assess costs is per household. They also wanted a property owner with undeveloped property to pay a share and wouldn't do that. He isn't even using the road and it may need repairs again before he develops his tract. There are 7 houses that use the road so I divided the cost by 7. I ended up having to pay for everything but she did pay me back in a reasonable length of time. The other two home owners paid me as soon as it was finished. I made her promise to reimburse me before I shelled out the money to have all the work done. I end up doing all the mowing and grading on it with no reimbursement. One of the renters brings me a 5 gallon can of diesel every so often. Well, once when i buried a horse for them, and again when I fixed a big hole that was past my driveway. Other than that I'm lucky to get a wave and a smile.

The roadway actually belongs to an absentee developer. Not sure if he is still alive.

The renters and their guests are constantly driving up and down the road. Thank goodness my house is far enough from the intersection it doesn't bother me too much.

 

[Steppenwolfe]

And THIS is exactly why when you're looking at buying property and see any term related to the word EASEMENT in the sale, you run the other way.

Not what you want to hear apologies.

No different IMO than when you hear "Home owners association" when you're looking at a home.

The reality is no one here can give you legal advise to the issue you have at hand on your property over the internet. You need a lawyer in your state, and wish you the best of luck.

Worst case, shoot guns at all times of the day and night to get the people who rent the cabin to complain to the owners. Perhaps they'll pay a pretty penny for your property so you can move, or you can just become redneck Billy Bob for a year to decrease the value of the cabin up the road:thumbsup: Nothing like seeing a guy in his tighty whitey's walking down the gravel road scratching his nuts with a beer in his hand and a shotgun slung over the shoulder to persuade some city folk to leave pretty quickly

You nailed it... We found a beautiful plot of land last summer. Secluded 160 acres of beautiful fields, woods, and a stream at the end of a road. Nice little farm house that needed everything. 259K. Way too cheap... So. Guess what? There was an easement going through the property to three other properties up the mountain. No easement on the listing, no easement on the deed, but it was there. Called a prescriptive easement in Virginia. Lawyer said run, don't walk.