Q: I live on a rural private road that have 6 homes on it. With each home comes an easement deed, we all have to leave 5 ft
To utility use of a ditch drainage, the side of road the ditch is on , the homeowner is not allowing us to repair the ditch to stop the road from erosion that is very bad condition at this time. We need to remove shrubs that have overgrown thru years of no maintenance. Do us other homeowners have the right to cut those bushes out. He claims is his property that we have already surveyed an clearly states is not , but he had threaten us with lawsuits??? Just need to know if he owns,
A: Your question is a bit difficult to understand. However, the first thing that must be done is for a lawyer to review the deeds or agreements of easement. Then, in all probability, the remaining homeowners will have to group together, hire a lawyer and file suit, most likely what is called a "declaratory judgment action," which is a lawsuit designed to declare the rights of various contestants. You clearly may not, based on your survey, without exposing yourselves to the risk of being wrong, simply take one-sided action to cut down shrubs which the other person says belong to him..
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