Easement Or Trespassing?
Location: Genesee County, NY.
We have an easement running through the back of our property that is specifically to [large electric company name] on our survey. It does not say it is private or public but only names the electric company.
Owner of the properties on either side of our house, and the land behind ours, is the same person. He has helped himself to use our backyard to go back and forth between the properties. He has also had visitors who drive on our property leaving ruts in our grass, as well as hunters carrying guns on our property moving rabbits from our brush line back onto their land. We have asked them to stop multiple times.
After the last incident, we called the owners to ask them to respect our property and to ensure his visitors, hunters, and tenants stay off our property. Now the neighbor is claiming that he can use and has access to our property that is under the utility easement because he states the easement is public.
We have tried talking to the neighbor. We have yelled at the hunters (from our house) to stay off our property. We have posted our property. We have calls out to the electric company to verify whether the easement is only for them or if it is in fact public.
If we find out that the easement is ONLY for the utility company, would my next step be to send them a certified letter advising all of this and again requesting them to stop entering our property and that this constitutes trespassing? Is there something else I should do in the meantime I may have overlooked?
Thanks in advance for your advice.
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