If a party owns property, and has given an easement right to another, doesn't the owner still have right to enforece trespass laws on anyone other than the party will easement access?
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you are gonna get what you pay for if you are looking for free legal advice.
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That all depends on how the easement agreement was drawn up.Comment
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Are you talking about a deeded easement? In our case we have a deeded easement through a couple properties to get to ours. I have the right to give permission to others to drive on it to get to our property. The owners of the property could not get them for trespassing as long as they stay within the easement.Comment
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Mine does.Originally posted by WCB View Post
Living on a private road, all property owners have easement rights. Only one other person has easement that does not own property along said road. All others are trespassing.
So, if somebody drives in that has no business there, me or any of my neighbors can run them off. But that is the way the deeds were drawn up.Comment
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Originally posted by Atfulldraw View Postyou are gonna get what you pay for if you are looking for free legal advice.
Mike... stay off my property. My neighbor's crazy and doesn't have permission to give you permission to shoot moose in my backyard!Comment
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The sticky part is if someone gives permission to someone and that person commits a crime, example, kids egging cars or smashing mailboxes. Now, that property owner becomes legally liable for all property damaged. The victims can go after the assailant as well as the person who granted permission to the easement, even if the property owner is an unknowing party. That's just mailboxes... Imagine if it was a homicide god forbid.Comment
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This is an age old question. If # 1 has property at the end of the road then he is trespassing through 2, 3, and 4s property.
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As long as a person has permission from another he or she can travel to the property they own as long as they stay on the easement.Comment
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