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Burch

Rights of Trespass on Property Easement area

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We live along a rural township roadway. It is barely wide enough for two cars to pass by one another. It has a township right of way of 16 from its center. Therefore approximately 3 feet of that easement is in the front yard of my property. A troublesome neighbor enters that area in my front yard. He states that he can legally be there because he is in the township road right of way.

I feel that he is illegally encroaching on my private property.  Who is right?

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Probably you. I say probably because there isn't any way to be sure without reading the township easement document.

 

But my guess is that the 3' part of the easement is not "road" but just for the use of the township like maybe for utilities.

 

My opinion and 4 bucks will get you coffee at Starbucks.

 

Options:

 

1 - Spend several thousand on a lawyer and court to get an injunction against the neighbor.

 

2 - Spend a few hundred on some very large boulders that you can place strategically on your property line. Make sure that they weigh a couple of hundred pounds each. Put some of those solar lights near each boulder so they are visible at night. Their presence should cure your neighbor of his behavior.

 

 

 

 

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Hi @Burch

 

As adjusterjack mentioned, this will depend on the specific terms of the easement. Generally, easements are nonpossessory interests, and the holder of the easement cannot exclude others from the land unless that user interferes with your use of the land. It may not be worth the associated expense, but you may want to consider conferring with a real estate attorney on the issue.

 

Best of luck!

The FindLaw.com Team

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16 hours ago, Burch said:

It has a township right of way of 16 from its center.

 

Seems like there's a word missing from this sentence.

 

 

16 hours ago, Burch said:

approximately 3 feet of that easement is in the front yard of my property. A troublesome neighbor enters that area in my front yard. He states that he can legally be there because he is in the township road right of way.

I feel that he is illegally encroaching on my private property.  Who is right?

 

If the township has an easement on your property for a public road, then the public likely has a right to use the easement for any purpose that would be legal on any public road.

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Thank you everyone. Adjusterjack, I like the way you think. The rock idea is being used by another. I feel that it offers unjust punishment to a driver who may go off the roadway due to some reason. Should it be a mother with children I certainly would not want them to be injured.

The entry was that he came onto my property to talk to gas company workers who were installing a new main gas line. Their dealing is entirely with me as the companies right of way transverses our farm. He was at the edge of a deeply excavated hole. He definitely was beyond any township road right of way. Because of his nature and our non-neighborly friendship I demanded that he exit my property. 

His defense statement was his lie that he was in the right of way of the roadway.

Thus I began to research , and I found this discussion board.  I appreciate your concern and efforts.

Burch

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40 minutes ago, Burch said:

The entry was that he came onto my property to talk to gas company workers who were installing a new main gas line. Their dealing is entirely with me as the companies right of way transverses our farm. He was at the edge of a deeply excavated hole. He definitely was beyond any township road right of way. Because of his nature and our non-neighborly friendship I demanded that he exit my property. 

 

You mean he came on to your property once to talk to the gas company people and you got your nose bent out of shape and are wasting our time on it.

 

Jeez.

 

No wonder he's not friendly.

 

I thought it might be something like he was driving up and down your 3' every day. That would have been worth talking about.

 

 

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There is much, much history to the tale.  I assure you that you , too, would not want him on your property at all let alone near a large , deep hole. 

He has turned everyone in for various reasons and sued his adjacent neighbor over the property line. He once told me to get off of his property at a point of which was the middle of the roadway. That was the final straw which certainly justified his being told likewise when he decided to go so far as he did.

 

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