My question involves real estate located in the State of: AK
In a private subdivision where all roads and turnarounds are easements, can a property owner use a turnaround easement (specifically on another's servient property) to park and block the turnaround flow of traffic as well as ingress egress to the servient property owners driveway? Basically the offending property owner overbuilt the lot and has very little parking space. If the developer and board of directors refuse to enforce the turnaround right of way, can the servient landowner claim undue burden and file to prescriptive cancel of the lease agreement?
In a private subdivision where all roads and turnarounds are easements, can a property owner use a turnaround easement (specifically on another's servient property) to park and block the turnaround flow of traffic as well as ingress egress to the servient property owners driveway? Basically the offending property owner overbuilt the lot and has very little parking space. If the developer and board of directors refuse to enforce the turnaround right of way, can the servient landowner claim undue burden and file to prescriptive cancel of the lease agreement?
Trespass: Undue Burden of Easement Use
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