Full question:
What happens when the boundaries of an easement are exceeded by causes of nature. The U.S. Corp of Engineers obtained an easement onto my property to raise the level of a stream that flows by. They turned a three foot deep creek into a fifteen foot deep raging hell hole. The amounts of water , and in the winter , great amounts of ice keep eroding the stream bank. The water and ice have taken about fifteen feet of my yard away. The water now exceeds the boundaries of the easement. It has now become a big financial burden for me to try to correct this . What can I do?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Pennsylvania
Answer:
If the boundaries of an easement are exceeded, you may have legal options. One option is to seek injunctive relief, which is a court order that requires someone to stop or limit certain actions. To obtain a preliminary injunction, you must show: (1) a strong likelihood of success on the merits, (2) irreparable injury without the injunction, (3) no substantial harm to others from issuing the injunction, and (4) that the public interest would be served by it.
You might also have a claim for nuisance. A nuisance occurs when someone’s actions substantially interfere with your use and enjoyment of your property. This can be due to intentional, negligent, or hazardous activities. If the excessive water and ice from the easement interfere with your property rights, you could potentially sue for damages or seek an injunction to stop the nuisance.
To address the easement itself, it may be possible to terminate it under certain conditions, such as if the purpose of the easement no longer exists, if ownership merges, if the easement is abandoned, or if there is a court judgment regarding it. Misuse of the easement may not terminate it but could lead to legal claims for remedies.
Legal proceedings may be necessary to clarify the easement's scope and your rights. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.