Dominent Tenement question

[Terminus]

Stones

Boulders- It sounds like the boulders are the old farmers collected field stones and I would venture the easement was designed in such a way as to cross them for access. It looks like you have since repositioned them to improve the access for vehicle access. I would say that based on the location of the boulders, they were intended for access and that while the boulders are on the serviant estate and their property (The were on the serviant's portion of the whole parcel prior to the land division) removal of them would limit your access.

The dip- Thank you for the clarification....a dip to me is 4-5 feet....You have an impassable gully at 20 feet deep. So removal of the boulders would definitely hinder/restrict your access. On a side note....I recommend being very weary of using the boulders as a long term road/driveway crossing over a gully of that depth.

The gravel- I recommend taking pictures showing that the gravel has been moved and used elsewhere for purposes other than you intended by others. Bring this with you to your lawyer when you describe the situation.

 

[H20worth]

Boulders- It sounds like the boulders are the old farmers collected field stones and I would venture the easement was designed in such a way as to cross them for access. It looks like you have since repositioned them to improve the access for vehicle access. I would say that based on the location of the boulders, they were intended for access and that while the boulders are on the serviant estate and their property (The were on the serviant's portion of the whole parcel prior to the land division) removal of them would limit your access.

Thank you Terminus. This is exactly what I have been trying to say. You said it better.

 

[justalayman]

it still did not answer the question nor even address it. Bottom line: they are the servient tenants boulders. He can do whatever he wants to with them.


If you moved them from outside of the easement, you stole them.

if you moved them from inside the easement, while you did nothing illegal, if he wants to remove them, he can. Your damages at that point are that he damaged the roadway you had constructed and would be liable for the costs to repair it.

 

[Stephen1]

Just a passing thought regarding the dip/gully/depression. Does it provide drainage during the rainy season? I would think that gravel would impede water flow more than the rocks do.