easement encroachment??

[ttcola]

there is a 7ft wide easement alongside our common driveway. i have put some rocks on the easement, along the concrete driveway, to stop rain-driven mud from covering the drive. we are 1 of 8 neighbors, we all own the easement, and we are the only homeowners currently living in this 8parcel tract. 1 landowner has asked me to remove the rocks. he claims "encroachment" and says it will be harder to sell his land as this will "cloud" his title?? PLEASE advise.

 

[seniorjudge]

Rocks are not a cloud on the title.

 

[ttcola]

dear senior judge.....

thankyou for your reply...the neighbor calls these "hand laid" rocks a "wall", but is this an "encroachment"?? can a majority of the 8 landowners request that we move the rocks?? thankyou again...

 

[seniorjudge]

Q: can a majority of the 8 landowners request that we move the rocks?

A: Yes. And they can also ask you if the whole bunch of them can come over for BBQ next Saturday. If the rocks (or wall) is on your land, then they can do nothing about it.

 

[ttcola]

pretty funny judge...i recall your time on "laff-in"
one more q PLEASE: this is NOT an "encroachment", AND they cannot demand the removal, even if the rocks/wall are w/IN the easement? (yet on my land)...thnku !!

 

[seniorjudge]

pretty funny judge...i recall your time on "laff-in"
one more q PLEASE: this is NOT an "encroachment", AND they cannot demand the removal, even if the rocks/wall are w/IN the easement? (yet on my land)...thnku !!

I still haven't gotten my check from Rowan and Martin. I am going to sue.

Anyway, if you have a wall in an easement that is on your land and it is not blocking the traffic flow, I cannot see a problem.

But I have not read the easement so I can't tell you for sure.

 

[ttcola]

the only reason there is an easement is for underground utilities..the "hand laid" rocks/wall (approx 12-18" high) sits on my land, above the utilities. i have sent a letter stating, "i'll move the rocks at any time for work on the underground lines"...its ez. they're just 12" x 12" rocks.....are these rocks/wall an "encroachment", as the one neighbor claims? here come da judge!

 

[lwpat]

If it is your land, you can do anything that does not interfere with the easement or damage the lines. It depends on who actually owns the land, not who has rights to use of the easement.