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I think I need to challenge the situation in courts on the basis that an easement holder has a right to do "whatever is reasonably convenient or necessary in order to enjoy fully the purposes for which the easement was granted, as long as they do not place an unreasonable burden on the servient land”.
Her idea of easement is just to drive or walk through her land only. She event told us we cannot turn around on the easement land. My idea of an easement is ability to stop, load and unload and sometimes be able to leave a vehicle there for a short period of time when necessary and certainly be able to turn around. I think I should also be able to have visitors able to leave their cars there for the duration of their visit, otherwise the easement is useless.
We have been parking our cars on the main road to make space for the builders. The land owner has placed obstructions on the easement land to narrow it to make it difficult to turn, she even placed a piece of wood spiked with nails and a statue opposite the exit from our drive to make it difficult to exit. She has known about the work for the last three years, we gave her plans before we submitted them to the council. We changed the design on her request. We have never obstructed the access for anybody. Builders leaving their vehicles close to the building site is just a temporary necessity. We have never stored anything on the owner’s drive. She has been harassing our contractors.
I think, I might just have a case….
Her idea of easement is just to drive or walk through her land only. She event told us we cannot turn around on the easement land. My idea of an easement is ability to stop, load and unload and sometimes be able to leave a vehicle there for a short period of time when necessary and certainly be able to turn around. I think I should also be able to have visitors able to leave their cars there for the duration of their visit, otherwise the easement is useless.
We have been parking our cars on the main road to make space for the builders. The land owner has placed obstructions on the easement land to narrow it to make it difficult to turn, she even placed a piece of wood spiked with nails and a statue opposite the exit from our drive to make it difficult to exit. She has known about the work for the last three years, we gave her plans before we submitted them to the council. We changed the design on her request. We have never obstructed the access for anybody. Builders leaving their vehicles close to the building site is just a temporary necessity. We have never stored anything on the owner’s drive. She has been harassing our contractors.
I think, I might just have a case….
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