Easement

[Jason142]

What is the name of your state (only U.S. law)? Florida I have an easement private Road right-of-way that runs through the south side of my property. It was put into place in 1963 before any houses were built it does say that every one in this half square mile has the right to use the easement. I installed an electric gate over the easement it does not block anyone from any access at all other than to my house my neighbor who has no business using the easement at all call the county the county cited me for it and they are starting to fine me. My question is can the county enforce a private roadway. Also is it possible to extinguish the easement from the o.r books that was put into place in 1963? Any knowledge would be very helpful thank you sincerely

 

[latigo]

What is the name of your state (only U.S. law)? Florida I have an easement private Road right-of-way that runs through the south side of my property. It was put into place in 1963 before any houses were built it does say that every one in this half square mile has the right to use the easement. I installed an electric gate over the easement it does not block anyone from any access at all other than to my house my neighbor who has no business using the easement at all call the county the county cited me for it and they are starting to fine me. My question is can the county enforce a private roadway. Also is it possible to extinguish the easement from the o.r books that was put into place in 1963? Any knowledge would be very helpful thank you sincerely

Correction. You don't have an easement! You own property that is servient to a grant of easement. That is, your property is the servient estate and the properties thereby benefited are the dominant estates.

You want to "extinguish" the easement? Then either have each of the of the record owners of the dominant estates release unto you all right title and claims to the easement. (In the same fashion and formality as a deed subject to being recorded.)

Or physically prevent its use for a continuous period in excess of seven (7) years. And since none of that is going to happen why don't you just quit whining about it. You people living in Florida a few feet above present sea level have much bigger fish to fry!

Regarding your quarrels with the county I suspect there is more to the story than has been told.