There are three parcels at the end of a dead end street. Parcels 1 and 2 both touch the street. Parcel 3 is located further north than parcels and 2.
The easement that serves parcel 3 straddles the property line between 1 and 2. Half of the easement is on 1's side, half is on 2's side.
The easement is well written and clearly states that the property served (dominant estate) is 3 and the properties affected (servient estate) are 1 and 2.
The neighbor, who lives on parcel 1, believe that the easement serves 1, 2, and 3. He believes that it is there for joint use for 1, 2, or 3 to run utilities, drive, etc.
It turns out that the owner of parcel 3 is not using the easement at the current time, so I am considering installing a fence along the property line between 1 and 2. The owner of 1 said I can't do that - I have to maintain the easement as an easement only, and not for any other use. This is not what is said in the recorded easement. The recorded easement says that 1 and 2 have full use of their property as long as access is permitted to 3. Since 3 is not using the easement at this time and for the foreseeable future, there is no recorded prohibition on me putting up a fence.
How should I proceed? Should I go ahead with my projects, and let him be upset? I thought about hiring an attorney to make a legal interpretation, but since he doesn't want to help pick a lawyer or pay for one, I figure he'd just write off my lawyer's advice as biased in my favor.
Suggestions?
The easement that serves parcel 3 straddles the property line between 1 and 2. Half of the easement is on 1's side, half is on 2's side.
The easement is well written and clearly states that the property served (dominant estate) is 3 and the properties affected (servient estate) are 1 and 2.
The neighbor, who lives on parcel 1, believe that the easement serves 1, 2, and 3. He believes that it is there for joint use for 1, 2, or 3 to run utilities, drive, etc.
It turns out that the owner of parcel 3 is not using the easement at the current time, so I am considering installing a fence along the property line between 1 and 2. The owner of 1 said I can't do that - I have to maintain the easement as an easement only, and not for any other use. This is not what is said in the recorded easement. The recorded easement says that 1 and 2 have full use of their property as long as access is permitted to 3. Since 3 is not using the easement at this time and for the foreseeable future, there is no recorded prohibition on me putting up a fence.
How should I proceed? Should I go ahead with my projects, and let him be upset? I thought about hiring an attorney to make a legal interpretation, but since he doesn't want to help pick a lawyer or pay for one, I figure he'd just write off my lawyer's advice as biased in my favor.
Suggestions?
Use and Enforcement: Neighor and I Disagree on an Easement
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