Q: Can a resident of a MH park be charged with trespassing for walking through an easement that belongs to the park?
I friend of mine is being threatened with eviction for trespassing on an easement that belongs to the park and is there to allow access to another piece of land. On some maps and map apps it even shows as being a street.
A:
You should not be soliciting legal advice for your friend, no matter how good your intentions are. That would be practicing law without a license and a felony.
Your friend needs to consult with a real estate attorney to review the plats and easements. The simple and less expensive option is to stop "trespassing" to avoid eviction or possibly police issuing a trespass warning. Easements are dedicated for the use of parties who entered into the easement agreement. An easement does not generally mean everyone gets to use it, although there are such easements for clubhouses, swimming pools, etc.
Barry W. Kaufman and Bruce Alexander Minnick agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
