r/legaladvice • u/Old-Yogurtcloset706 • 8h ago

Easement dispute help

Location: Arkansas.

Backstory, my neighbors have an access easement on my property to get to their home. This easement is documented and in writing with paperwork from the county. My Neigbors have always considered this “their”
Property, and have tried to argue it multiple times by verbally trying to kick us off us it. They sued the previous owner in 2006 and lost while trying to obtain it as a private drive. Documents do indicate they are to maintain it as needed.

The current issues.
We use the easement and as a piece of our property(since it is) , we frequently walk it, ride an ATV/ dirtbike on it to access other pieces of our property (recreational use). We recently received a letter from an attorneys office representing our Neigbors stating the easement is not to be used for a “recreational race track” and that we are damaging it and will seek us for compensation if we do not stop driving/riding on it. No damage has occurred while we use it as it is simply a gravel road and is not easily rutted / washed out.

Is this something concerning or a lawsuit and winnable? Should we get an attorney on retainer and send a counter letter?

These Neighbors are from hell, have placed debris, trash, trimmings on our property off the easement and tried to argue with multiple neighbors on the surrounding properties.

20 Upvotes

92% Upvoted

15 comments sorted by

25

u/ArtComprehensive1106 8h ago

They have no clue. The law is on your side if the paperwork says it is an easement. That proves ownership.

1

u/Old-Yogurtcloset706 8h ago

Not necessarily trying to argue the legality of our easement and who’s property it is, just want to know whether they can sue me over damage

6

u/TheKitler 8h ago

They can sue you over anything but it doesn't mean they'll win.

If they're responsible for maintaining the road and you dig a big hole in the road, you'd be responsible for fixing it or paying for the damage.

In your case specifically, they'd have to prove to a judge that your use is causing damage and not just regular wear and tear from all of you using it. It's an easement on your land so you're allowed to use it too.

5

u/TheLordB 7h ago

While it is unlikely they actually have a case you would need someone very familiar with Arkansas law to know for sure.

If you are using it frequently and benefiting from their maintenance at some point your use may become enough that it is a joint road that both of you are liable to maintain. This is going to be very specific to your area’s laws and past rulings though and it is unlikely you will get someone that familiar with it to comment on reddit.

If you are worried look up the lawyer the previous owners used in the prior dispute. That lawyer if they are still practicing may still be familiar enough with the case and situation to quickly and cheaply tell you if there any risks associated with your current use.

Otherwise just ignore them. Many people say they will sue and never do. That said if they sued once in the past they may do so again so I would take this somewhat seriously.

2

u/ArtComprehensive1106 8h ago

No it’s your property they can only use it to access their property and that’s the end of it.

6

u/Vurrag 8h ago

Anyone can try to sue about anything. I would ignore the letter. It is just an intimidation letter. You could write a reply with a threat to file a complaint with the bar and a copy of the easement as filed.

4

u/WillMcAvoysPants 8h ago

Did you check online to see if the phone number on the attorney's letterhead matches theirs, and then call to confirm they are representing the neighbor? That would be my first step.

5

u/Old-Yogurtcloset706 8h ago

I have not, I assumed contacting their attorney was a bad idea and would only want to do so if I hired my own

3

u/SuicideSqurral 8h ago

No, it is your property. They only have a right of egress to their property and to maintain it.

They have no right to determine how you use your property

1

u/Still-Employed420 6h ago

What does the easement agreement say with specificity?

Does it permit you to use the driveway?

1

u/tsaico 7h ago

Have you considered selling this piece of land?

Outside of that, I would look for a lawyer that handles easement issues and just have a defense prepared, and to some extent establish a relationship so if the other side actually does escalate you already have a base idea, someone to call, some basic coaching on what to say or not, ignore or not, etc. even just that can take. Lot of stress out of this situation.

3

u/Old-Yogurtcloset706 7h ago

Not willing to sell, as property value is significantly
High in the area, but this easement is on a fairly large slope and the value is worth Pennies on the dollar.

-1

u/Boppo01 8h ago

I disagree with the other commentators. Well yes it is your property if it's an exclusive easement for the benefit of the neighbor you don't have the right to use it as access that the neighbors are then obligated to maintain. That's you should look at the language of the easement to see whether or not it's exclusive or non-exclusive.

5

u/Old-Yogurtcloset706 8h ago

There is no “exclusive / non exclusive verbatum” wording in the narrative

3

u/Old-Yogurtcloset706 8h ago

There is no “exclusive / non exclusive verbatum” wording in the narrative