mardi 5 juin 2018

Use and Enforcement: Use of an Easement

My question involves real estate located in the State of: Indiana

Last year I bought a house across the street from a lake. The house came with and was deeded an easement which is located across the street. The property to which I walk through to reach the lake was not occupied at the time and thus we had no issues. However, the property has now sold and the new owners questioned me about the use of the easement. The easement goes through their side yard path and down to the lake. They are upset because my children were sitting on the sand, within the boundaries of the easement, and told me that no one is allowed to sit there but rather only walk into the lake and that is it. I had a very civil conversation with them in regards to this matter and they told me that no one is allowed to sit on the sand even if it is within my easement boundaries. They said the easement is for lake access only and sitting on the sand is not allowed. I looked up the plat map for their property and according to what I see the easement is not within their property line. In fact I can't track exactly who owns that actual piece of land. I also looked up the the property line on the shoreline and it stops for them at about 10 feet from the shoreline. I want to remain amicable but the idea of having to place a lawn chair in the water as I watch my kids seems silly. I just want to see what the rules for an easement are and if sitting on the sand is considered unreasonable use. Mind you we are very quiet people and were not causing any noise or trouble. Thank you for any help. I can provide more information if needed.


Use and Enforcement: Use of an Easement

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