Q: Is my neighbor allowed to cut the easement assigned to my property?
I own property with a 66ft easement by necessity. My neighbor keeps cutting the grass on the easement after I cut it. I like to maintain 4 inches and he keeps cutting it down to 2 to match his side of the easement. Is he allowed to cut the grass in the easement? He also blows all the grass clippings on my driveway when he does. I have to break out my leaf blower every time he does which makes more work for me.
A:
Is the easement ON your property or FOR your property?
Is the easement ON the neighbor’s property or FOR it?
From the wording I’m assuming you BOTH have a right to use and maintain the property in question.
It doesn’t really matter though because if the easement is either on or for your neighbor then he can ‘maintain’ it in a way not inconsistent with the use as an easement.
Now as to blowing clippings onto your (exclusive?) use property that would be inappropriate. Is your drive also in the easement? That would be a harder push if the grass was just being moved from one part of the easement to another.
You can certainly ASK him to not put clippings onto your driveway but frankly what are your damages? I’d suggest you mow AFTER he does and just avoid the issue. This is an awfully small ‘beef’ and certainly not worth damaging a personal relationship over in my estimation.
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.
