Do we have the right to remove someone from Easment Use? Posted on June 30, 2011

We purchased a home and acreage twenty years ago. There is only one way to get in and that is through an easement on the neighbor's property. There is a documented, recorded easement from the previous owner with the neighbor. It states the previous owner of our property paid consideration of one dollar to the neighbors and they "do hereby grant, bargain and sell to the said (previous owner), his heirs and assigns, an easement for roadway purposes, to be used jointly by Grantors, their heirs and assigns, and the Grantee, his heirs and assigns, across the following described real property, situated in to-wit:" and then follows the legal description. We have used the easement with no problems for most of that time. When we moved to the property we put in cattle guards at each end, to keep their cattle from getting into our property or out to the main highway. There had been a gate at the end of the easement that was closest to the main highway and we did not want to open and close it each time we went in or out. The neighbor has since fenced both sides of the easement and now has a gate at the end closest to the highway. He allows his cattle into the fenced area. It was agreed by us that the fencing could go up, but he would keep his cattle on one side of the fenced easement or the other. It would be dangerous to walk down the easement with the cattle and no way to get away if one of them decided to charge (which has happened.) Do we have any right to ask him to remove the gate or keep his cattle from roaming the easement?

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