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    #1

    Easements

    I have 50 acres that has a 20' access easement. Part of the road on that 20' easement becomes 4x4 only when it rains. My SIL goes out to hunt and since he doesn't have a 4x4 he parks in the easement as far as he can drive in, but doesn't impede traffic. The owner of the land blew up on him today really bad for parking there and says he'll have it towed if it happens again. Yea the owner is a POS.
    Question no. 1: Can he legally park in an access easement?
    Question no. 2: Is the owner required to keep the easement accessible?
    Tags: None
    #2
    The easement is deeded.

    Comment

      #3
      You’re not supposed to block the easement if it’s within someone else’s land, which looks to be the case. Also, unless the dedication is otherwise written, it’s up to the people trying access the land for which it was dedicated to maintain the area within the easement.

      I’m not saying he blocked the easement and I’m also not saying the landowner can have a vehicle towed, but that’s how Ingress/Egress easements usually work.
      • Likes 1

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        #4
        He didn't block access nor trespass. Can he legally park or is for moving traffic only? The owner is the type of POS that wouldn't let me improve the road to keep this from happening. So I guess I need to see if I can do it legally.

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          #5
          I believe an easement os for acess to and from. I would not believe parking would be covered in the easement rights unless specifically added to the legal documents.

          Comment

            #6
            I just looked and it's a non-exclusive access easement. Whatever that means.

            Comment

              #7
              Originally posted by dbaio1 View Post
              I believe an easement os for acess to and from. I would not believe parking would be covered in the easement rights unless specifically added to the legal documents.
              This is exactly right.

              I said in my first post that I wasn’t claiming he blocked it. Those type easements are for traveling to and from the property for which the easement is granted though. You’re still actually on someone else’s property.

              Again, it all depends on how the easement dedication that was recorded is written, but parking usually is not included.

              Comment

                #8
                I don’t think he can legally keep you from improving the road unless it has some kind of stipulation or clause saying so. Just fix it where they can drive onto the land they are hunting?
                • Likes 1

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                  #9
                  Don't think you can park on it, only get to and from land using. Can they park where before the easement starts and just walk in?, otherwise tell your SIL to get a 4x4.
                  • Likes 1

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                    #10
                    Understood the challenge and frustration, but OP you and SIL are probably actually the ones in the wrong in this instance. General, right of way easement is typically viewed as short duration of travel. It is just an access pass, it is still someone else’s property. In my mind, that would not include parking or staging of equipment, regardless of whether or not it is blocking travel. Not only is it not the property owner’s responsibility to maintain your easement for you, but you may actually be setting him up to win in the opinion of a court if you allow that impassable access status to exist for an extended duration of time
                    • Likes 1

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                      #11
                      Originally posted by Evolver View Post
                      Understood the challenge and frustration, but OP you and SIL are probably actually the ones in the wrong in this instance. General, right of way easement is typically viewed as short duration of travel. It is just an access pass, it is still someone else’s property. In my mind, that would not include parking or staging of equipment, regardless of whether or not it is blocking travel. Not only is it not the property owner’s responsibility to maintain your easement for you, but you may actually be setting him up to win in the opinion of a court if you allow that impassable access status to exist for an extended duration of time
                      I was hoping but you're probably correct. It's not impassable but requires 4wd. The muddy part is about 80 yards in length and ends about 80 yards from my gate and only goes to my property. I did catch the oil lease service person and he's supposed to do something with it, I just don't know how much.

                      Comment

                        #12
                        That would be ideal if there’s an oil/gas company on the hook for the road maintenance. They’re generally pretty good about getting it done, once you call them out on it, and your neighbor isn’t likely to argue with them doing it

                        Comment

                          #13
                          That would be ideal if there’s an oil/gas company on the hook for the road maintenance. They’re generally pretty good about getting it done, once you call them out on it, and your neighbor isn’t likely to argue with them doing it

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