Can I stop people other than the easment holder from using my property?
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Can I stop people other than the easment holder from using my property?
The easement holder has allowed people I
don’t know to ride up and down the
easement on my property. It is all hours
of the day and night. Can I stop these
people????? The easement holder does not
live on the property.
Asked on June 27, 2019 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
An easement applies not just to the easement holder(s) him-, her-, or themselves, but also to their "invitees" or "licensees," such as their family or friends who. they invite to use the property. If the easement holder is allowing other people to do this, you cannot stop them from using the easement simply because they are not the easement holder(s) themselves.
However, they still have to comply with local noise, etc. ordinances, so if they are creating excessive noise or noise too late at night, you may be able to have the town ticket them and/or the easement holder allowing them to do this. Check your local ordinances to see if any apply.
Also, if the easement is for a specific purpose and the use they other people are making of it is beyond or outside that purpose, then you could seek a court order stopping them: the easement holder may only allow others to do what the easement, by its terms, permits. Example: an easement to allow the holder to access or reach his property would let guests access or reach it, too, but would not allow them to ride up and down it recreationally on ATVs.
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