The Ins and Outs of Easements

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Our problem is rather lengthy to explain. One part leads to another. Part one: if you buy property on the side of some other property you own do you have to build your own right-of-way road to your old property? Our original right-of-way was barricaded so we could not get to the back of our property. Part two: the neighbors on our east side removed the land marker in the middle of the road and moved it over about 13 feet This cut down the footage across the front so the person who owned this piece before us moved the marker on the west side over the same amount. We found this out a little after we signed papers on the land . The previous owner has now put up all his fences to coincide with this "new" arrangement. If we honestly try to fix the west side marker we then have to move the entire fence and then we still would lose out 13' or more on the front of our property. To make matters worse, on the east side the neighbor put up a hurricane fence some time ago before we bought the land and because of the footage of the fence, he put it on the property we bought. When confronted by the prior owner, the neighbor said he was not ready to move it. Now we are fighting this ourselves. Please send us some advice! We are going nuts here.

—Ricky and Veronica LeBlanc Welsh, LA

What a mess! The answer to the first part of your question is relatively simple. Under most state laws, original access to property is not given up even though the owner buys other adjacent property. The road to your original acre probably should not have been barricaded against you. A quick check with a local attorney should set you straight regarding Louisiana laws on this score. Seek out a local real estate expert, please.

The second part of your question is a bit more complicated. Your letter did not say how long ago the property lines were readjusted by the neighbors and how long the fencing has been in place. It may be that this was done so long ago that new property lines have potentially been established. In most states this is particularly true if no one took action to fight the situation immediately after it happened. However, such changes are not necessarily automatic and must be verified by the court. It is costly to both pursue and fight such an action.

It might be simpler and less costly to get together with the neighbors and establish a boundary line adjustment to reflect the property lines as they are now. Such an agreement must be a formal document signed by all affected landowners and then entered into the public record. You should check with an attorney regarding the boundary line problem. If you pursue restoring the old property lines or seek an adjustment you will definitely need advice on how to proceed in accordance with your own state laws. I read with interest your article "The Letter and the Law" in the July '97 issue. The driveway easement section specifically sounded very familiar to me as I am currently involved in a similar situation. I would be interested in finding out case law, precedents, etc ., that back up the statements in this portion of your article as I am getting threatening letters from the easement user's attorney. To make a long story short, they have a 58 foot ingress/egress easement through my property. The roadway that serves this easement is only 30 feet wide. The other 28 feet is part of my lawn. The letters from the attorney tell me that I cannot plant trees or shrubs on my lawn or build a fence in that area even though it clearly will in no way hinder his coming and going. They tell me that they have the right to drive on my lawn and may want to some time, therefore if I plant a tree or build a fence, they have the right to remove it at my expense.

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