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Old 06-08-2010, 11:31 PM
 
4 posts, read 8,170 times
Reputation: 10

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I recently gave the city a deeded easemnet to acess a sewer lift station thta had been in use since 1982. There had never been an easemant on the books but they had the right to acess it through my property. The original easement was never filed and runs through mine and my niebors property. There ws recently a dispute between me and my niebor and now he is trying to force a fence to be place blocking the only acess to my property.The city is saying that they now own the property that the easment is on and can do what they want ot to it. I have read the easment law and based off that they should not be able to place a fence on the easement. My question how can I stop the city from doing this.
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Old 06-09-2010, 06:14 AM
 
231 posts, read 610,790 times
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I find it odd, though not too unlikely, that there had not previously been an easement recorded. It is the recorded deed of easement that gives them the right of use to the portion of your property specifically described in the deed.
An easement is not an ownership interest. It is a right to use that portion of the property. As the owner, you have only a responsibility NOT to impede the city's use as explained by the deed. As such, a fence may not be constructed across that easement.

I'm having difficulty explaining how your neighbor fits into this.
To my understanding, both you AND your neighbor granted access easements. The easement crosses your neighbor's lot and then continues across yours. The lift station is not on either property? Is all of this correct?

If this is the case, then it's simple - the neighbor may not construct a fence that obstructs the easement. However, if there was never a deed by which the neighbor (or his lot's previous owners) granted an easement, then there is no easement across his lot and he may do as he pleases.

You question was "how can I stop the city from doing this?"
I don't quite follow. What is the city doing? I thought it was the neighbor trying to build a fence.
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Old 06-23-2010, 01:39 PM
 
4 posts, read 8,170 times
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The neighbor is trying to force the city into putting a fence along both side of the easement all the way up to the entrance of my property thus denying me access to my property. Due to the road dead ending into my property line and the location of my house it is the only access for me to even park on my property. Both the neighbor and I signed a deeded easement for the city to get access to the lift station they placed 600' down our property lines in 1983 neither of us owned our properties at that time. Due to the locatoin of the lift station and the grade of the property a road has been constructed to allow the city the ablity to drive to the lift station for servicing pruposes.It is located in my horse pasture and my neighbors pasture.He and I agreed to them fencing off the portion in the pasture.
Due to the confrontation with my neighbor a year ago he is telling the city that I should have no access to the easement at all since he can no longer come on my property and if they do not fence the entire thing off he is going to attempt to sue me and the city. For what I do not know but the city is scaried of those words I guess and keep bring up the location of the fence and changing where it is going. I have just about come to the end of my tolerance with both of them and have started looking into the law regarding revoking an easement.
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Old 06-23-2010, 01:54 PM
 
231 posts, read 610,790 times
Reputation: 133
1. You cannot grant an easement over property that you do not own. If an easement deed is filed before you own the property, then you have not granted an easement. You can't give away something that you don't own.

2. A fence cannot be built that obstructs access to the lift station (if it is true that the City has an easement to it), and the City cannot obstruct access to your property. Does your property have a house on it? If so, then there must be an access road or easement to it. The road that ends at your property - is it a public right-of-way or is it just the easement that you think was granted? If the road is an access easement over your neighbor's land, then there are a couple of concerns.
First, if the neighbor granted a legal easement to the City, that does not give YOU access rights to use the road. It is only access for the City. Has the neighbor granted an easement to you? When was your house built? To my knowledge, all jurisdictions require legal access to a property in order to obtain a building permit or cert. of occupancy, meaning that your neighbor (or his land's previous owners) would have needed to have granted you (or your land's previous owners) an access easement across his property.

Honestly, I'm having difficulty understanding much of what you've typed so far, so I don't know whether my input will be helpful.
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Old 06-23-2010, 05:25 PM
 
4 posts, read 8,170 times
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I apoligize for that. The actual street ( it is a street not a right of way) that my home is located on dead ends into my property. That starts my actual driveway and is the entrance to the easement granted to the city. The easemant starts on my property and runs about 100' then angles to include mine and my neighbors property and follows the property line. The house that I live in has been here for over 100 years and the lift station was placed where it is in 1983 when the city annexed this area.

The portion of the easement that concerns me is the 100' that is completely on my property. That is the portion the neighbor is trying to get fenced so that I will not have access to my property. That question you have been very helpful with.

As for the rest the city is putting in a road to the lift station on the easement so that they can get to it. A portion of that is in my pasture and I have no problem with the city fencing that off around the road in my pasture becuase I dont have to worry about them letting my horses loose when they go down to the lift station. That has happened in the past.

The problem I have after meeting with the city today is they are not even putting the fence in the right spot based off thier survey. They keep moving the fence over past the easemant on to my property.
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Old 06-23-2010, 05:58 PM
 
2,650 posts, read 6,091,081 times
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Wow, this is confusing. You say "...the 100' that is completely on my property...is the portion the neighbor is trying to get fenced." If it's your property, how can your neighbor have a fence put on it? That makes no sense to me.
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Old 06-23-2010, 06:28 PM
 
4 posts, read 8,170 times
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Because no one at the city knows the law or will stand up to this fool. I did after he blocked me from getting into my driveway one night with his boat and the police had to be called. He had backed his boat and truck down my drive and left it blocking me from even getting on my property after got home from work late that night. He believes he is god in the neiborhood and has gone has far as telling the people that live in the houses past his that were built by habit for humanity. That they would not have them if he didnt give them the right of way through his pasture to the lift station for thier sewer lines.
Ever since that incident with the boat it has been one thing after another right down to stealing fencing I put up 5 years ago between the properties for my pasture. This happened 2 weeks ago right before the city started putting in the access road to the lift station. Luckly I had already put up a temporary for the city to put in the road but I had not taken down my old fence yet.
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Old 06-24-2010, 06:09 AM
 
231 posts, read 610,790 times
Reputation: 133
I'm not in the right frame of mind to read through all of this and make sense of it this morning... maybe after I wake up.

One thing:
Cities typically do not involve themselves in civil matters. If there is a property dispute, you'll need to resolve it with the assistance of an attorney and not expect anything from the City.
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