Is there any such thing as abusing a easement across my property?

[Rebeldad1]

I bought this property 4 years ago. There is a easement allowed up our driveway and beyond to a cabin.
The cabin just recently sold and the owners turned it into a rental, listed it on AirBNB.
It now is relisted as a year around Lodge.
I have gone from a car or two once in a while going by to 6-10 cars on some days.
My gate is being left open, cars driving on my lawn.
People coming to our house after dark looking for the cabin they just rented

Anyone ever run into a BNB Rental Lodge problem?

 

[Sigarms]

And THIS is exactly why when you're looking at buying property and see any term related to the word EASEMENT in the sale, you run the other way.

Not what you want to hear apologies.

No different IMO than when you hear "Home owners association" when you're looking at a home.

The reality is no one here can give you legal advise to the issue you have at hand on your property over the internet. You need a lawyer in your state, and wish you the best of luck.

Worst case, shoot guns at all times of the day and night to get the people who rent the cabin to complain to the owners. Perhaps they'll pay a pretty penny for your property so you can move, or you can just become redneck Billy Bob for a year to decrease the value of the cabin up the road:thumbsup: Nothing like seeing a guy in his tighty whitey's walking down the gravel road scratching his nuts with a beer in his hand and a shotgun slung over the shoulder to persuade some city folk to leave pretty quickly

 

[Diggin It]

First thing I'd do is check with the county or municipal offices and see about any zoning issues that might prohibit that kind of business. Maybe also check with taxing or licensing authorities to see if these folks got their ducks in a row.

Check the wording carefully on the easement. It might allow personal access, but not business access.

 

[Diggin It]

As far as the driveway goes, consider fencing, or rocks or .... Claymores.

 

[Industrial Toys]

Start your own tannery when the wind is right. Do it while listening to sermons delivered over a public address speaker. Start raising hounds.

Squeal on them to the IRS, they probably are not declaring the income.

Just move.

Similar thing happended to my EX GF mother. Had a neighbor with an easment, people never there, then the place was sold to some real party animals with a lot of friends. It has gotten ugly already. All because her deceased husband was a nice guy and allowed access.

 

[Sigarms]

Just move.

BEST advise you can get, and the avice is free.

 

[tomplum]

A good first step is to voice your concerns with the new owners. One would think that they would want their guest / customers to have a smooth experience which means that they wouldn't want to crap where they eat and piss off a neighbor. Maybe an agreement to improve the flow of cars, signage or gate at their expense. Otherwise what the big dig said up top here may be your resolution. We have an ordinance where I live that gives specific rules for home business regarding traffic, permissions etc. on private roads plus some places state that if you want to have an Air BNB and don't want to pay them room tax , it must be your main dwelling. A step at a time.

 

[Industrial Toys]

I was doing property maintenance for a weekend place that started to rent out the place. What a variation of people from one week to the next. You will never have control over that. By the time the matter is discussed with the owners, those other people are long gone. Some people that spend good money think they can do whatever they want. Probably the worst, are those that share and go in on it with other people.

 

[RNeumann]

I assume your easement doesn’t spell out the amount or type of traffic- so legally you are probably stuck. But you should verify the location and access in the easement- verify width and location. Often times the easement is narrower and or in a different location. If that’s the case you could limit access outside the easement. I’m sure it was fine when the cabin wasn’t getting used and now it’s shocking. Signage at the gate and near your house would help keep the gate closed and folks from coming to your door. A conversation with the property owner may also help. Of course fencing or a wall would keep them off your property as well- but that could be seen as immoral.

 

[Sigarms]

I assume your easement doesn’t spell out the amount or type of traffic- so legally you are probably stuck. But you should verify the location and access in the easement- verify width and location. Often times the easement is narrower and or in a different location. If that’s the case you could limit access outside the easement. I’m sure it was fine when the cabin wasn’t getting used and now it’s shocking. Signage at the gate and near your house would help keep the gate closed and folks from coming to your door. A conversation with the property owner may also help. Of course fencing or a wall would keep them off your property as well- but that could be seen as immoral.

The only thing that will help is a conversation with a good laywer familiar with the local state laws on the topic so you know exactly what you can and can't do when it gets to a court of law in your jurisdiction.