QUESTION
Is it a violation of any codes or laws if a community easement was in the agreement and has been removed?
Asked on Feb 10th, 2014 on Landlord and Tenant Law - Idaho
More details to this question:
If a community easement existed at the beginning of our rental agreement and the adjacent tenet built a fence and locked it, blocking the easement from our use, is he in violation of any codes/laws? It prevents wheelchair access to our unit and makes moving large objects a burden because the only other access to our unit (and 3 other units besides the fence-building tenet's own unit) a flight of stairs.
2 ANSWERS
I am not aware of it violating any specific code section but it is a violation of land rights law. The other person is liable for blocking the easement; you should try to make a collective demand on the other person so that they are more afraid of the monetary damages they might have to pay.
Answered on Feb 14th, 2014 at 3:26 PM
Commercial Contracts Attorney serving Boise, ID
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Sue the neighbor for violation of the easement. The sooner the better. The longer you allow the fence to remain, the more ability he has to say the neighbors abandoned the easement. Talk with a local real estate attorney about the issue.
Answered on Feb 14th, 2014 at 2:51 PM