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Driveway/utlitiy easement

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Old 09-16-2007, 10:40 PM     #1
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Default Driveway/utlitiy easement

i have an access/utility easement through my property. The easement width is 40 ft. The road starts on one side about 7 feet from the edge of the easement. I have utilities that stub up about 6 feet from that same edge of the easement. The road is approximately 13 feet wide and goes from 7 feet in from this edge to 20 feet. There is a bank(hillside) on the far side of the roadway. My neighbor informed me he is going to widen the roadway as it runs through my property in such a way that it will bury my utility stubs. I asked him that if he wanted to widen the road that I would only allow him to do that on the upper side of the road not the lower portion and cover my utility stubs. He lives on the parcel past mine full time, I do not live on this property and only use it for recreation purposes as it is on Hayden Lake in Idaho. He contends that it is his easement and he can do whatever he wants within the easement boundaries. I feel that the easement is on my property and if he wants to do anything other then maintain the existing roadway he has to get my permission. The Access/utility easement and Road Maintenance agreement states only that all party's will share equally in the maintenance of the road. It does not address roadway improvements. Can he do anything he wants on the easement inside of my property?
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Old 09-19-2007, 10:39 AM     #2
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Default Re: Driveway/utlitiy easement

You can object and tell him you will take it to court if he does not compromise. A judge may very well rule that his plan is unreasonable and excessive.

Have a real estate lawyer briefly review your actual deeds.
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