Use and Enforcement: Neighbor Cutting Forest into Easement Thats Entirely on My Property

mardi 9 septembre 2014

My question involves an easement in the state of: Mississippi. My property is a 1.06 acre corner lot surrounded by a line of forest that I had surveyed in 2006. It includes a 60 ft. city easement across the entire south 218 ft. side that is undeveloped forest except for one corner that a 90 degree paved road turn sits on. There is a power pole right next to the paved road. There is no other development for the remaining easement. The easement then is exactly 60 X 218 ft. entirely within my property deed boundary edge with only approximately a 60X50 corner being used by the city. The city's original plots were laid out to include a continuation of a road across that south edge of my lot, but, it ends into another piece of land privately owned all along my west boundary line. So essentially, an easement for a future continuation of the road leading nowhere. I have petitioned the mayor as of today to ask the city to abandon its rights to the forested, unused part of the easement they are not likely to ever develop, returning that section back into my private property rights. However, my neighbor on the easement side has decided to clear away the forest trees and brush enlarging their yard across my property line directly on my easement and taking away my privacy from having to look at the side of their house despite the fact that it is entirely my property easement that they have no property rights to it at all. ( I hope that's not confusing) I cannot think that this is legal and I am sure they did not ask the city if they could cut down the trees and brush. My question therefore is: Can I take any action against this neighbor whom I asked not to cut into my property line even though its an easement ? There is no reason for them to do this other than to enlarge their yard, take away my privacy, and definitely devalue my land. Once again, I am the back corner lot of a subdivision with privately owned undeveloped land on two sides, a set of vacant undeveloped lots with a forest tree line between us on a third side and this neighbor's house and land on the fourth forested side of my square lot containing my easement. The front of my house actually faces the side of this neighbors house. What can I do about this invasion of my privacy? I pay taxes on this! Thank you for any advice.





Use and Enforcement: Neighbor Cutting Forest into Easement Thats Entirely on My Property

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