QUESTION

2 neighbors have gates opening up into the utility easement which is within our property lines. Can we restrict access to them?

Asked on Jun 11th, 2012 on Real Estate - Texas
More details to this question:
We have only been on our property for a couple of years, but the neighbors behind us have had their properties for years & they believe they have legal access whenever they want to come in & cut down weeds, or throw their garbage there. They both have fences, but can we somehow build fencing to prevent access to the easement from their property? The county & city have access when needed, so we''re not sure what to do about stopping the neighbors from coming in whenever they like without making them mad. We already showed them our title survey which shows our property line goes right up to their fences.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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There probably is no way you can address your concern without making your neighbors angry.  It may be, also, that they have established a right (by virtue of a concept known as adverse possession) to continue using the easement area.  Ordinarily, if a utility company obtains an easement across someone's property, that easement is available for the utility company only.  The property owner still owns the property but the ownership is subject to the utility company's right to use the space and to maintain it for their own purposes.   Now, those rights (the owner's and the utility company's) can be undermined by a neighbor using the easement area -- under a claim of right to do so -- for a long period of time.  that period of time will vary from one state to the next.  If it can be shown, however, that the neighbor's use began by "permission" and not by some "claimed right to do so"), it is likely that even long years' use would not ripen into a legal right.  You should confer with a good real estate lawyer in your area.  Paying a modest conference fee would allow you to learn your specific rights under your state's laws, and what your chances of success might be if you attempt to try and stop it.    
Answered on Jun 12th, 2012 at 7:23 PM

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