How does the right of access to maintain property qualify as an easement if that access is on a regular basis such as trimming back overhanging foliage to protect plant health and appearance?
can i ask ? on easement revoking ? it is abusive perosn wiht esement has attempted remove land owner form land in easement giving acces when not given by land onwer giving an easement? i have family being abuse verbally and police blocked ot land even not in an easement. she was want way remove posiblely removing eaement returning land not given by deed ? is it legal take land form perosn giving easement not with land owners okay or signing it as such?
What about if the person utilizing the easement is living at the location (not a rental), but is not on the title of the home? Are you able to not allow that person to use the easement if there is another way to access the home?
“Thank you for your question, and it can vary depending on the State jurisdiction where the easement property is located. For example, in Idaho, an easement is a right to cross over the property of another, and that right is what we call appurtenant, or attached to the land it benefits. So, if someone has to cross over Parcel A to reach Parcel B, and they have an easement right to cross over Parcel A, then the right to cross over Parcel A is attached to Parcel B. Anyone lawfully having possession of Parcel B can use the easement. This means the title owner with possession, or a tenant with lawful possession of Parcel B can use the easement to cross over Parcel A to reach Parcel B. Your question is tricky, because you asked, "What about if the person utilizing the easement is living at the location (not a rental), but is not on the title of the home?” If a person is living at the location, presumably in my example Parcel B, and they are not a title owner of Parcel B, and they are not a tenant on Parcel B, then the question becomes do they have a right to live at the Parcel B location at all? If the person is an unauthorized squatter, the answer is probably no, but if the sister of the title owner is living on Parcel B with the permission of the Parcel B title owner, then the sister more than likely has a right to use the easement to cross over Parcel A to reach Parcel B. The core question has to do with what legal right does a non-title owner and a non-tenant have to live on Parcel B? If they have no legal right to be there, then they probably cannot use the easement without the permission of the Parcel A title owner (not the Parcel A tenant, because a tenant cannot convey an easement right to a third party). I hope that helps, and if the property is located in Washington, Idaho, or Montana, you may consider contacting us to see if we may be able to assist with your specific circumstances.” Regards, Art Macomber
My property is bordered by Federal land, but for years my neighbors have used an undefined easement (two track road) across my property to get access their properties.A potential buyer will not purchase my land with that easement in place. A parallel route is available across federal land but my neighbors do not want to spend the money to bulldoze a path. They contend that the old two track is somehow "grand-fathered" and I can not lock them out and they'll sue me. Do they have any validity or should I just put up a gate to force them to use another access?
