I have a deeded easement that runs behind my house that serves five homes behind me. The issue is that the easement is bisected by a public road before my house, and it leads out to the main public road only 500 feet away. The owners below maintain their rights very assertively even though they have access to a public road before they pass by my house and the other section of the easement. I would like to close my end of the easement since residents in a development behind my house on that public road use it, and I also get public traffic from deliveries, and other types of trucks. The easement is a safety issue, and a maintenance issue. Easement holders have left my section of the easement in disrepair, and the additional public traffic has also increased damage. What are my options?
Here's a link to a map: http://s297.photobucket.com/albums/mm231/pamboliajones/?action=view¤t=easement-map.png Public roads are in yellow, green is the easement holders, blue is my section of the easement, grey is my property. Development of houses is on the public road behind my property. All street names were removed.
You have to look at what the easement was intended to accomplish. If it was created 100 years ago and it no longer serves its purpose then you may have a case.
If you have any additional questions, feel free to contact us for a free initial consult.
Michael Kuldiner, Esq.
Law Offices of Michael Kuldiner, P.C.
T (215) 942-2100 | F (215) 942-9664
Michael@phillyesq.com | www.phillyesquire.com
You have several questions. Without a map showing where the easement exists, what it initially intended to accomplish and what has intervened, no one can really give you more than general help.
That said, you are discussing use of the easement by persons who are not entitled to use it, overburdening of the easement by users entitled to use, and the possible impact of a public road. Not every lawyer is going to be able to properly counsel you. Interview lawyers and find one who has been to court on easement and boundary law issues.
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