What are the legalities of an easement?

[arcadian]

Neighbor has an easement on our property, a driveway to get to their house. I want to put up speed bumps on the easement.

[flvegan]

1. In most cases, an easement is a right of ingress and egress across the affected property.

You can't gate or fence it, but technically, you could put speed bumps on it so long as they're reasonable. The property is still yours, and you can do whatever you want with it so long as it doesn't hinder their progress over and across it.

[arcadian]

2. Sweet, my neighbors tear up down back there at all hours of the day and night.

That and we think they are cooking meth.(kidding)

[flvegan]

3. I would give them notice, just in case they make an issue out of it.

A simple letter stating that you're going to "do some improvements" on the easement. You might want to see what existing speedbumps in your town/city are measurement wise so they can't say you're being unreasonable.

[arcadian]

4. I'm not going to do anything.

I am worried about our kitties. They sometimes cross the driveway and hang out around there. One kitten got hit by a car out on the highway a while back, so I'm squeamish. The other "kitten" is not wise to the ways of the world the way her mother is, the momma kitty I'm not that worried about.

[never cry wolf]

5. An easement is a legal document

It almost sounds as if you have a cross traffic agreement although it could be an easement. Most commonly easements are used for utilities so a utility company or municipality has the right to come on an easement on your property to repair a utility line. Easements are recorded documents, if you have a survey all legal easements and cross property agreements should be shown and listed by document number and/or date. Copies of these publicly recorded documents should be available at your municipal offices (township, county or whatever...)

Probably best just to grab a 6-pack and walk over there with a kitty, have a few beers and let them bond with the cat, then explain they hang out outside and cross the driveway so please be careful...

[elleng]

8. Many easements do not require documents.

They are created from use over periods of time.

http://en.wikipedia.org/wiki/Easement

[elleng]

6. Do you know when the easement was developed?

Or anything about the circumstances? It seems that you should be able to place speed bumps, to maintain safety.

[LeftyMom]

7. How did I know who the first reply would be?

:rofl:

[bluesbassman]

9. Perry Vegan?

:)

[LeftyMom]

10. He deals with this sort of thing for a living.

Exciting, huh? ;)