Limitations on easment

[appendix]

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

We have an easement on our property that allows access to the other members of our HOA to access the shared lake. The easement is for "ingress & egress for access to surface waters" of said lake.
We have a pair of neighbors that seem to feel the easement is actually an extension of their property. They have trespassed on our property to dump trash from maintaining the easement, & now have
placed a bench on the boat dock there. This person is also a member of our HOA lake & architectural committee (self styled as the chairperson - there is no chair person for that committee). She has now told
the other homeowners in the HOA to let her know if there are any other "amenities" they would like to see on the lake.

They have also mentioned adverse possession to other neighbors when we had blocked or objected to something they want to do.

My questions are:
1. How far can they go in claiming what they are doing is "maintenance"
2. What are we allowed to keep them from doing
3. What can we do to keep ourselves away from an adverse possession situation (I realize there is a long time frame, but I want to make sure NO criteria are met). These people lie. A lot.

I realize specifics will be limited, but any suggestions so we have a direction to go would be appreciated.

 

[FarmerJ]

First off what does the easement say about maintaining it ? Is there any language in your homes recorded covenants that grants to them a right to maintain the easement ? If you don't know , don't understand then id suggest you arrange to speak to a real estate attorney and have them look every thing over and if they do not find any such language that grants to the HOA or anyone else the right to maintain it but only the right to use it to get to the lake then Id say to get the attorney to draw up a letter for you that spells it out and send to those neighbors each a certified letter with a copy of that letter from the atty and in it tell them that you hired a attorney to review everything for you and they do not have the right to do anything more than cross your land to get to the lake and if they attempt to maintain your property again or illegally dump anything else on your land you will sue them for damaging your property and take your recorded video footage to the police and have them charged with illegal dumping ( yes you should have a vid cam to record that area since you may have to have such footage someday to defend your self if someone is horse playing on your property and it leads to a injury.)

 

[appendix]

I will double check, I do believe that there is language that allows for maintenance.
We are planning on talking to an attorney, but I want to have as much information as I can before we do so, so I can ask the correct questions

 

[154NH773]

I will double check, I do believe that there is language that allows for maintenance.
We are planning on talking to an attorney, but I want to have as much information as I can before we do so, so I can ask the correct questions

The first thing you need to know is the language of any grant of easement. Get that and check back, or take it to a lawyer. We can't advise you without knowing the language of the easement and what it allows or restricts.