Legal Question in Real Estate Law in Georgia

Easement property damage

My neighbor has a perpetual non-exclusive easement on my right of way. He recently sold his right of way based on the fact he had access on my easement (I was not aware of him selling his easement.) The private road used to access his property is on another neighbor�s right of way to which he does not have easement to use. He has been asked to stop using the road by my other neighbor and he refuses. My right of way runs parallel to the private road and it is wooded. I have verbal permission to use neighbor�s easement. This week my neighbor hired a bulldozer and started making his own road on my right of way without my permission or even notifying me of his intentions. I stopped the work immediately. Can he destroy my property on my right of way to create a new road for his use? What legal defense if any do I have to stop this destruction of my property?


Asked on 11/16/06, 9:19 am

3 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Easement property damage

This sounds like a problem I worked on in Pinal County. There were other issues as well in that case. People in Arizona are notorious for not buying surveys or adding such coverage to the owner's policy of title insurance. Hopefully you got a survey and purchased boundary coverage. With that said, rights of ways are complex issues and an attorney should be consulted.

Read more
Answered on 11/17/06, 5:34 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Easement property damage

As an experienced real estate attorney, I do not recommend that you try to go it alone in court to permanently halt your neighbors activity. Hire a real estate attorney as soon as possible. The attorney will need to go over many details of your past relationship and and written documents in order to determine your best options.

The above information is provided as a courtesy. No attorney client relationship exists or is created thereby.

Best Regards.

Read more
Answered on 11/16/06, 10:24 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Easement property damage

Generally, an easement will not allow the grantee (your neighbor) any right to change or alter the property. They simply have the right to use the property as-is. The best course of action is, obviously, to resolve it without having to hire a lawyer. Call, and follow up with a very clear letter making it very clear he is to do no damage to your property. If he has done damage, or you simply believe he will not comply, you certainly need to see a lawyer. As you can guess, stopping a bulldozer before it does damages will require some very quick action. In any case, be diligent in what is going on (as I am sure you are).

Read more
Answered on 11/16/06, 11:33 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia