who is the owner of an easement?

[ldyroper]

What is the name of your state? Montana

The easement on our property allows for access to the property behind us- for driveway use and public utility. there is no recorded right of way. and no easement maintenence agreement. Question is: We put a fence up along the easement and gates at both ends (since this piece was originally not being used as an easement upon us first occupying the house and it was fully fenced in the first place) The reason for gates is so our animals do not get out. The owner of the place behind us, wants the gates removed. Its an inconvience for her. She also says she ownes the easement she can do what she wants. Well, the easement is recorded on my deed, not hers. She has access to her place from a differant driveway as well, but insists to barrel thru this easement at times. Question- Who owns the easement? I thought I owned the land the easement was on, and she has the RIGHT to drive on it. Do I have the right to fence and gate the easement to ensure my animals do not get out on a public roadway?

 

[Extortion]

Gates/Easement

In California, one may gate the ingress/egress road for which a neighbor has an easment only if there is a reasonable purpose for those gate(s). In your case keeping animals fenced in would be a reasonable purpose in CA.

The dominant tenant (your neighbor) must have easy access to any locks or closures you place on the gates and is responsible to keep those gates closed.

I would suggest checking your Codes of Civil Procedures for the state of Montana to determine what is acceptable in your state.

JJ.

 

[FarmerJ]

I was wondering something here you posted >>>>there is no recorded right of way. and no easement maintenence agreement. Question is: If your positive there is no written anything in your homes deed HOW long has her use of that land gone on ? seriously I think you might want to discuss with a attorney how to put a end to her use of your land since she wont be landlocked with out it . This site has a legal chat perhaps you should check it out and try to determine if you can put a end to this use of your land .

 

[uncommonsense]

I agree with FarmerJ. We have an easement on property. The Easement must specify the purpose for the easement, and be filed with the Deed.

 

[ldyroper]

it is recorded- but

I didnt know if it is a right of way or not. But in any case, who owns the land the easement is on? Legally I do Im thinking. The neighbor thinks she owns the land the easement is on. She didnt buy it from me, and I hold the deed for that land, not her.

 

[HomeGuru]

Re: it is recorded- but

I didnt know if it is a right of way or not. But in any case, who owns the land the easement is on? Legally I do Im thinking. The neighbor thinks she owns the land the easement is on. She didnt buy it from me, and I hold the deed for that land, not her.

**A: if you hold title to the land that the easement is on then you own that land. It is very simple.

 

[uncommonsense]

HomeGuru is correct. Also, IF this easement is part of your title to the property and filed at the court house, then it would take both parties to change the agreement to the easement that you apparently inherited when you purchased the property.