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Is it legal for a property owner to place a speed bump on an easement in front of his own property without consulting neighbors?
Anonymous2 views1 answers
I feel the bump is necessary to slow down traffic in front of my house. It is purely a safety issue, and I have experienced some problems with neighbors and their guests traveling the easement at unsafe rates of speed.
The answer to this question hinges on who owns the easement. If the easement is owned by you and your neighbors, you should be seeking their input and ideally financial contribution regarding the matter. The knotty legal fiction that has to be worked out is that each owner "owns" each square-inch of the easement to the extent of his or her percentage of ownership.
If the easement is owned by you solely, using your own best judgement surrounding facts not revealed, you might just go ahead and do it. Here, consider that it would be hard and expensive for your neighbors to argue against public safety in this matter.
And of course, if you don't have any interest in the easement other than that a Right-of-Way runs upon it next to your land, you should raise the issue with the person(s) that do own the easement. Hope that helps!