Denying access to Easement if damage will occur

[dra2650]

What is the name of your state (only U.S. law)? Alabama


I live on one acre of land locked property. There is a chirt driveway for road access with a legal written easement. I have lived there for approx. 20 yrs and been the solely responsible for it's upkeep. The home and drive have been in use for approx. 30 years. The original owner still owns land to the side and behind so they elected to keep the land with the drive and granted the easement. They (Alabama Power) does not use or work the land in any way and never use the drive. The drive does, however, cross onto my property at a couple of points, up to 1/2 the width of the drive.
They are apparently preparing to allow loggers access to clear-cut timber. The use of this drive by such equipment and trucks will severely damage the drive beyond my usefulness and far beyond my ability to repair.
Can I deny them use of the drive because of the easement and damage alone?
Can I deny the use of the sections on my property?
Can I stop them from cutting trees back that are on (and over) my property that might interfere with their use of the drive?
Can I stop them from cutting trees on their property that are providing direct shade for my home and preventing erosion and run-off?
What options do I have?

Thank you,
David

 

[154NH773]

Let me get this straight.
You have an easement across their property.

Do they have an easement across your property, because you didn't say?

The drive does, however, cross onto my property at a couple of points, up to 1/2 the width of the drive.

If they don't have an easement across your property, they have no right to trespass on your property and would be liable for any damage if they did trespass.

Can I deny them use of the drive because of the easement and damage alone?

I'm assuming you mean the portion on THEIR property. If so, the answer is NO, but you could hold them liable for damage costing you money to repair in order to ensure your access.

Can I deny the use of the sections on my property?

Not if they have an easement from you or the previous owner of your property. If they have no easement, then YES, you can keep them off your property.

Can I stop them from cutting trees back that are on (and over) my property that might interfere with their use of the drive?

Same answer as above.

Can I stop them from cutting trees on their property that are providing direct shade for my home and preventing erosion and run-off?

You can't prevent them from cutting their trees because you like the shade they provide. As to erosion, you would have to prove potential damage from erosion over and above normal runoff. If you could, you could try and get an injunction to stop them, or if the cutting changes the runoff you can TRY and sue them for damages.

 

[FarmerJ]

David before any work is done even if you have to buy a throw away camera GET PICS of the driveway now so you can get them dated and printed so you have a record of how the drive is NOW & pics that show trees you own so that way should there be damage done you would be able to show a court how it was if you had to.