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Ingress and egress rights
- Thread starter SA1
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Ingress/egess
I live on a street that ends in a creek. I have deeded access to the creek. The neighbor at the end of the road has parked in the 30' wide street for a week saying it's their property. The deed states I have ingress and egress rights to that creek but they are parked in it.
Everyone on the street has ingress egress rights to the creek and to the road that abuts the houses. It's like if I were to park in my road, blocking my neighbor from getting out and saying 'I own the property'. Am I correct?
I live on a street that ends in a creek. I have deeded access to the creek. The neighbor at the end of the road has parked in the 30' wide street for a week saying it's their property. The deed states I have ingress and egress rights to that creek but they are parked in it.
Everyone on the street has ingress egress rights to the creek and to the road that abuts the houses. It's like if I were to park in my road, blocking my neighbor from getting out and saying 'I own the property'. Am I correct?
Ingress/egress
Since the houses were built, the residents could drive or trailer a kayak to the creek. The original residents mostly have sold their houses. The neighbor who is parking in the road is not the owner, but an adult relative of the remaining owner in that house. 50 years of behavior is being challenged. I hope there can be a reasonable set of discussions about this, but I don't know if that will be possible. It's sad.
Since the houses were built, the residents could drive or trailer a kayak to the creek. The original residents mostly have sold their houses. The neighbor who is parking in the road is not the owner, but an adult relative of the remaining owner in that house. 50 years of behavior is being challenged. I hope there can be a reasonable set of discussions about this, but I don't know if that will be possible. It's sad.
justalayman
Senior Member
Have you spoken to the owner of the house and informed them the guy with the motor him is blocking your easement?
You can go to court to seek an injunction ordering the guy to move the motor home
You might get some assistance from the police if they are familiar with the area and agree with your eaesement claim. Honestly most of the time they will refuse to become involved and suggest heading to court.
You can go to court to seek an injunction ordering the guy to move the motor home
You might get some assistance from the police if they are familiar with the area and agree with your eaesement claim. Honestly most of the time they will refuse to become involved and suggest heading to court.
Ingress/egress rights
I have not spoken with the neighbor yet. I'm trying to get an idea if blocking a road that has deeded ingress/egress rights is a violation or not first. This relative - who has moved into the home recently with owner - is adamant that 'we own this'. Which is contrary not only to the custom on the ateeet, but perhaps breaking a law related to the deeds.
I have not spoken with the neighbor yet. I'm trying to get an idea if blocking a road that has deeded ingress/egress rights is a violation or not first. This relative - who has moved into the home recently with owner - is adamant that 'we own this'. Which is contrary not only to the custom on the ateeet, but perhaps breaking a law related to the deeds.
the odds are you have a right to cross the lands in either direction 24 /7 ...dust off the written words in easement ...the land owner must permit you crossing ....and for that matter you may have a very solid point to have any hedges in the easement removed and drive over the easement section in lawn ...be careful you don't leave ruts...you might be required to repair the easement ...or it might be your duty to keep the area clear as in you cut down any brush/ hedges ....the landowner would be smart to get his relative to move the RV off the easement area entirely ...this is likely a no win battle,for him to pick. But dust off the actual easement words and go have a solid discussion with the blocking landowner , if you do have an easement . ( It could be something else like temporary permission )
The situation has been the same for 60 years: six houses on a street that deadends at a creek. Street is paved and runs in front of everyone's house. Everyone's deed says 'egress and ingress ends at the creek' The people in the house at the creek end have parked their motor home in the street. Deed says: ingress and egress ending in the creek. So they clearly are in violation. But they are not friendly people. I'm tempted to park my car in the road. I won't. But I'm tempted.
justalayman
Senior Member
So the best way to start to solve the matter is discussion. If others use this same easement maybe you can hand together and speak with the servient tenant.
If no resolution;
Try the police
After that you have the safe way or the risky way
Safe way is head to court
Risky way is get a chainsaw or bulldozer or whatever it takes and clear a path within the easement. The risk is jail or civil suits or whatever way the neighbor reacts.
If no resolution;
Try the police
After that you have the safe way or the risky way
Safe way is head to court
Risky way is get a chainsaw or bulldozer or whatever it takes and clear a path within the easement. The risk is jail or civil suits or whatever way the neighbor reacts.
I know. I've never been one to act badly.
The rest of the neighbors have all talked, and agreed we'd all approach as a unified group. I just wish this person in the road acted with the integrity of the people who raised them in that house. C'est la vie. I'm likely calling a lawyer tomorrow. Thanks for your ear.
The rest of the neighbors have all talked, and agreed we'd all approach as a unified group. I just wish this person in the road acted with the integrity of the people who raised them in that house. C'est la vie. I'm likely calling a lawyer tomorrow. Thanks for your ear.
PayrollHRGuy
Senior Member
Is the street in question under city maintenance? If so I doubt it is legal to park an RV there that blocks it.