Depends on the easement. Do yourself a favor and hire a surveyor.
“in no way impede the **intended use of** the easement?”
Guess what makes me think you’re being sneaky?
The easement is what it is. You can’t impede *ANY use* it grants your neighbor.
IM (nonlegal) O.
Many lawyers will give free 30 minute consultations. If you cant get a free consultation, see what a consult will cost. Sometimes case law looks like it would apply, but wont necessarily apply to your situation. The advice you’ll get on the internet is worthless.
What do you mean “covered by” an ingress/egress easement.
You need to examine the language of the easement. An easement can be lost by prescription only if the use is open , notorious and hostile. If the fence defeats the purpose of the easement, the neighbor can compel you to remove the fence.
All our 19 towns in the NYS county require instrument surveys for a fence permit.
I have a friend that has a similar problem with the same exact kind of easement. His problem is that they always want him to help pay for the maintenance of the easement road which he doesn’t use whatsoever. He had to go to the recorders office and county surveyor to get clarification but not sure if he ever ended up getting a lawyer.
Did you get a permit for your fence?
All 19 of our counties require an instrument survey to put up a fence.
I am a lawyer, licensed to practice law in Indiana, and I will tell you what everyone else has said:
Go get a lawyer. Get a lawyer who has a general practice in the county in which you reside. Do not get a lawyer from another county. Indiana has 92 counties, and in every county the law is the same. But the rules are different. You can bend the law, but you cannot mess with the rules. If you know what I mean.
When it comes to things like property rights, anything pertaining to rights in real estate must be in writing and must be recorded with the county recorder to be binding. Any lawyer will need to see the actual conveyance of the easement and what it provides for. The actual written language is key and no lawyer can give sound advice without reading the document itself.
I cannot give you more sound advice than that.
The nature and terms of the easement matter. Do you have the legal document on which the easement is founded? Or is the easement implied as necessary for the sake of the neighbor?
A few of us may have stayed at a Holiday Inn last night, but that won’t serve as well as local legal counsel....