Legal Question in Real Estate Law in Indiana

We own property that has an ingress egress access for the farmer whose land surrounds ours on three sides (road is fourth side. The lane is 50' wide and 300' long and then curves and goes diagnally across the property (about an acre) The easement is for ingress egress 25' either side of center line of lane. I know, not good deal for us but made a quick call at closing when came to light. Anyway, does this mean the farmer can cross anywhere on each side of the 50' part to get to the field when he could easily get to it from the road? He also has cut down a tree that is on our property but outside of the 50' easement span. Is the easement to get to and from the back of his property should there no longer be access from the road? He has taken to mowing the "lane" part/narrow part and I don't want him too but he thinks he has a right to have it clear to cross over to his field to work. He literally turns into our "lane" and ten feet up crosses the grass with his farming equipment and ruins the grass; so deep-tire rutted we cannot mow anymore with regular riding mower. He seems to think he 'owns' the property on each side of the center line, as in shared owners. This farmer actually rents the property and the easement says one sentence that it is an ingress and egress for the owners of the land around us. They originally owned the house. lane, and square the house sits on but when sold included the ingress/egress in case they were to parcel off roadfront plots.


Asked on 9/16/15, 10:56 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

There are no hard and fast rules pertaining to easement use if they aren't spelled out in the original agreement. Barring any really egregious misconduct or misuse by the farmer, you don't have much grounds to complaint. The instances that you have listed are not such which would require judicial intervention. If real damage and loss of market value to your land occurs, then you would have cause to go to court to hve the judge impose rules.

Read more
Answered on 9/16/15, 4:55 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Indiana