Easment of Way Rights
I have a 40 x 200 foot easment of way across a neighbors property. I had to get a court order because a new owner of this neighboring property was trying to prevent me from driving across it. My court order stated that he was to honor the easment and to remove all permanent structures from the property. this included 2 fences and 2 trees by Nov. 1999. He removed 1 fence and that was all. In December I struck the remaining fence with a vehicle and caused very minor damage. I did not report it. A few days after this incident I was issued a summons for Hit and Run for hitting the fence. Is not it my right to remove this fence if he hasn't and should I have received the ticket?
1 Answer from Attorneys
Re: Easment of Way Rights
In order to have the fences removed, you must use the courts. In this case you would have to request that the judge hold the other party in contempt and force the party to comply with the court order.