Who retains ownership rights of an easement? 6 Answers as of August 21, 2015

I have a home on 1.96 acres which I inherited from my parents. They agreed to an easement for a neighbor to reach their property. Since that time their land was sold to a developer who placed 76 home sites on this land. So now I have a large volume of traffic running through my yard and some major erosion problems. Do I have any legal recourse?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Vandervoort, Christ & Fisher, P.C. | James E. Reed
Perhaps. Depends on the wording of the easement.
Answer Applies to: Michigan
Replied: 8/21/2015
Law Offices of George H. Shers | George H. Shers
Yes, you should be able to sue as to the damage caused by the use of the easement as the right to use an easement does not give the right to cause damages. You need to find out, if you can, which includes asking the former land owners, what restrictions were placed on the easement and the purpose of it. If it was clearly intended to just be used for only one house, would not have much of an effect on the peaceful use of your property, was for a dirt access only and not a paved roadway, the other property at the time of the easement being given was zoned just for one house, the two properties originally were not one lot so an easement of necessity would exist [if you subdivide a large lot into two, you can not sell the landlocked parcel to another person without their having access to their parcel, unless you sell the land very cheaply], it was a very rural area, etc., then you might be able to argue the current usage exceeds what the easement was originally granted for [but you may be barred by the statute of limitations if you have waited to long or in equity in letting the developer build with the belief he would have access]. Speak to some land use attorneys to see if you have a case as to the right to use the easement.
Answer Applies to: California
Replied: 8/21/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
What does the easement say? They are usually recorded to preserve the easement.
Answer Applies to: Utah
Replied: 8/20/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
The easement continues to be your property, but its use is allowed by the occupants of the other property. That said, it appears that the scope of the easement however has been significantly increased and therefore you may have a legitimate complaint. I would need significantly more details in order to be around to form any kind of opinion which you would be reasonable to rely upon. You should really consult with an attorney with the details of all of the circumstances.
Answer Applies to: Michigan
Replied: 8/20/2015
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
If you have a copy of the easement you should read the easement language and see if it allows for an increased use of the easement or just for the original owner. You may have a case and probably need to see an attorney to look at everything.
Answer Applies to: California
Replied: 8/20/2015
    Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
    You probably do have legal recourse related to over-burdening the easement. The first step would be to carefully review the easement in terms of whether it's contemplated and expanded future use.
    Answer Applies to: California
    Replied: 8/20/2015
Click to View More Answers: