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Can an easement be closed due to crime, vandalism & failure to maintain by a holder?
Anonymous2 views2 answers
I have a marijuana growing neighbor that has an easement thru the middle of my property. This person uses this easement to gain access to the property and constantly vandalize my business and belongings. I have video and photographic evidence of this person committing theft, vandalism, criminal mischief, etc. I also have undesirable type people coming and going across my property at all hours under the guise of "I have an easement, and that applies to anyone I want to use it.".
If the easement was eliminated, it would most likely solve the problem. How can I go about making this happen? Can I show in a civil court that this person is a criminal, and have the access/easement legally extinguished?
I assume you are referring to a right of way easement which permits ingress and egress to your neighbor's property.
Is this easement the only means for the neighbor (and neighbor's guests) to access that property?
Unfortunately, it is not so simple to extinguish an easement, even if it is being used for criminal purposes.
Elizabeth Smith-ChavezLitigation LawyerEl Cajon, CA ·
You are not likely to close the easement, but if you can show that the current use goes beyond the (legal) intended use of the easement, or even that it is being used for an illegal purpose which poses a danger, yoiu might be able to get an injunction limiting or prohibiting the improper use.
