Ok Court Records

Road easement gets dug into, re-bar, rocks, and mulch along sides, police say that’s ok. What good is it?

Have a easement about 60′ long. My car gets damaged by holes dug in road. Workers get ran off by his friends blocking road. He gets help from a volenteer fireman on blocking road. Fireman has a deputy neighbor. Re-bar punji sticks placed along road is called landscaping. County deputies say all this is ok. The former owner was a veteran from the USS Arizona and he couldn’t sell the land because of the mess and I was stupid enough to buy it didn’t want a trailer park winding up there. Now my family can’t enjoy, work on ,or sell it for market value. Easement is written in county records been in court over it, but the nonsense dosn’t stop.
and the road has existed even during the Model A and T days.

“Road easement gets dug into, re-bar, rocks, and mulch along sides, police say that’s ok. What good is it? Have a easement about 60′ long. My car gets damaged by holes dug in road. Workers get ran off by his friends blocking road. He gets help from a volenteer fireman on blocking road. Fireman has a deputy neighbor. Re-bar punji sticks placed along road is called landscaping. County deputies say all this is ok. The former owner was a veteran from the USS Arizona and he couldn’t sell the land because of the mess and I was stupid enough to buy it didn’t want a trailer park winding up there. Now my family can’t enjoy, work on ,or sell it for market value. Easement is written in county records been in court over it, but the nonsense dosn’t stop. and the road has existed even during the Model A and T days.”

There appears to be no quick answer to your question.

It sounds like you’re asking if the easement you have also requires some level of care on the part of the owner. The common law idea of easements– that still has England criss-crossed with public “footpaths” to this day– is that the owner must maintain the way so that it is suitable to pass. What that ends up meaning in each particular jurisdiction is another thing entirely.

You say you’ve been to court, so I’m not sure what information will help you now.

But let me ask you if you’ve tried a few things– and if you haven’t you might want to consider them.

1) Have you sent the owner a notice to cease and desist activities that interfere with your easement?

2) Have you filed a suit for damages to your motor vehicle that resulted from the poor condition of the road– that you have a right to travel upon?

3) Have you considered making a new “road” by driving around the obstacles– even where there isn’t necessarily a road there?

4) Have you attempted to correct some of the problems by removing them yourself?

5) Have you tried asking a neutral third-party to kindly and patiently intervene on your behalf?

Local law enforcement is only likely to enforce an order of a court of competent jurisdiction when it comes to matters like easements– so don’t expect much help from them.

Hope this helps.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

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