Question:

How to enforce a 20' wide easment for road to our home?

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We are in disagreement with neighbor about location of the easement. Our surveys filed with our deeds do not match. Our survey predates his by about 10 years. Neighbor says the road is actually right on top of the north side of the easement. What do we do if our surveys don't match - how do we resolve the correct location of the easement. If neighbor is right the electric poles on private property are also outside of the easement. He is not happy with us and has put up a fence along the north side of road that makes it impossible for us to maintenance road. We have already contacted an attorney - but is there a way to resolve without all that expense? We have tried to talk to him several times - he is definition of passive aggressive. Are there any steps that we can take ourselves? How do we prove location of easement with different surveys?

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  1. Gawd, I really hate easements.

    I can tell you how this will play out.   Save you some money.

    One deed prevails over the other, by law, no judge will change the law.

    The deed to the property that gives the easement, not the property that uses the easement, will win.

    All of the easements are not going to be the same.   The electric easement is differant then the access one to your property.

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