New here. Shared driveway issues w/someone who owns a backhoe, bulldozer, excavator

[s219]

I think you're taking a fair approach. Definitely put up trees, fence, etc, whatever it takes to put a boundary on the deiveway. But I sure would go talk to him if he starts encroaching again. Some people will try to get away with what they can, but usually acknowledge it if called out. Good luck!

 

[radrock]

Maybe after your survey, you could politely hire him to haul some rocks in there. Tell him people are driving through your yard, not accusing him of course. That would be interesting to see his response. Offering him a job at the same time would throw him off balance.

 

[JerryK]

That 12' driveway could actually be a 60' easement... and he is in his rights where he is driving [ not taking his side ].. That's why you need to survey... first...!! 12' is pretty narrow, when you figure in snow plowing, etc...

 

[RDrancher]

Get it surveyed, fenced and call it good.

I live at the end of a dead end county road with a "t" turn around area. The portion of the road and all of the "t" is actually an easement through my property. The family of the guy we bought the property from lives across the road and an aunt lives next door to us. His sister lives on the next road over and her property backs up to ours. All of the family had been using a portion of what is now our property to drive back and forth between family homes and to use a shared tractor for mowing. Their friends were also using the access. The corner of the property that they were using all of these years is now the parking spot for my trailers. I caught them driving around my trailers (that were in their way) and driving across my front yard. I spoke to them a few times but I saw tracks in our yard and knew that it continued when we weren't home....That is, up until someone hauling a trailer drove around my trailer and over my septic tank, cracking it in the process. I had a survey done two days later and put up a fence. End of problem

 

[Rock knocker]

That 12' driveway could actually be a 60' easement... and he is in his rights where he is driving [ not taking his side ].. That's why you need to survey... first...!! 12' is pretty narrow, when you figure in snow plowing, etc...

And read your title, it will explain what the easement is, if any. Also note that even if there is not an official easement, it could be argued that there is a prescriptive easement. But that could seemingly be countered that there is a cure for that, in that the righthand road could be used. Also, an easement holder has a duty to maintain his path. It sounds like your neighbor is using the easement to the detriment of the owners ( you) property.

Take some photo's for us

 

[Rock knocker]

.....I am not going to go up and ask someone to pay for my financial obligations when they are my legal responsibility. He doesn't own my part of the driveway, and he has no legal obligation to pay for that up keep, only his part of the lane, but because of where his house is at the end of the driveway, only he uses HIS owned portion of the driveway. He has all the benefits, but none of the risks

If you do not drive on this road at all, which you seem to have stated in your first post, you have no obligation to maintain it at all, the onus is 100% on your neighbors, even though it is your property.

From:
http://www.justanswer.com/real-estate-law/4fgwb-ny-statute-covers-private-easement-maintenance.html

To answer your question, there is NO NY State law specifically addressing this. Now there might be some case law which will require you to visit your local law library to pull the cases. But in basic Real Property law, absent to contrary terms, the user of the Easement may bear responsibility since they owe a duty of care to not damage or be negligent with its use.

 

[dmccarty]

Check your deed and verify the location and width of the driveway. Is there a road maintenance agreement? Check the court house records for this information. I have seen situations where people are part of an HOA with a RMA but did not know it. From the history of the place, I doubt there is an agreement but it would not hurt to check.

Once you know the legal description, you need to make sure that it matches what is on the ground, which could mean a survey. If you can find the pins, and they match the paperwork, you might be able to skip the survey. If it was me, I would get a survey especially since you are putting up a fence. The survey will nail down the property lines and I have seen people surprised at the location of the lines.

I would also talk to a lawyer, no, not to sue the guy, but to find out what your state law says about this situation. You might not be liable at all for the driveway but maybe you are liable. Since the driveway is NOT for your use or benefit, I don't see why you would have to pay to maintain the driveway. If the use of the driveway is doing damage to your property, who is liable? Over the years we have talked with quite a few lawyers for advice and we have not been billed once even though we asked and expected to pay.

Before I start down the path similar to what you are having to take, I like to have my ducks in a row. If that means paying a bit here and there so be it. I want to be R I G H T and it is cheaper in the long run. If you can say to a judge, jury, and/or neighbors that I checked the court house records, got a survey and talked to a lawyer, you have pretty much done all that can be done.

Having said that, go read the huge, long running, thread by MDBARB about his easment problem, http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html. Actually, the thread is so long, just read the first few pages and the last few pages. Bottom line he lost and I believed his side of the story. He lost a huge some of money.

I do have a concern about the fence. With his heavy equipment, and the fact he hit his sisters car, I think he will take out your fence and then you are into a war. If you put up a fence I would have large, heavy rocks placed to protect the fence. If large rocks are not available, you really need to put in heavy posts outside the fence line to protect the fence. Put in something you do not care to loose or that is hard to replace.

Its a shame that we have to deal with people like this but it is life.

Good Luck,
Dan

 

[Orangecrush68]

Hi again. I am so grateful for your responses. I'll try and get some pictures up later today.

In this document there are so many pages here to go through, since this place was built in 1937. Their Great Grandpa built the place, and it went through several family members as owners before the sister finally bought it in the 1980's. Anyway, from what I can see there is only ONE easement, and that is a "utility" easement that is shown on the tax map.

I may just get a boulder, though I have no idea where to even get one, and place it on the outer corner of where the property is. I know I own all the way from my house to the grass on that triangle at the Y part of the driveway. I've seen the property line stake before. If he had an easement of 60ft (God forbid!) he would already take huge advantage of it. No question about it.

I'll also put a snow fence up. These aren't huge investments. That is interesting about him being reasonable for due care. If I wanted to start a war, that would definitely be the place to start. lol

 

[Orangecrush68]

Dan, I posted my response before I saw your reply. Just to be clear, the guy did not hit his sister's car; he just threatened to do so.

I'm going to go check out the link you posted, though Im a little scared to see how bad these problems can escalate. I do not want a war with this guy. Suing him for maintenance/upkeep is not going to happen. I won't do it. I'm not morally opposed to it, but I plan on living here the rest of my life. This guy's family is all around here and they have plenty of money. I choose my wars carefully and that is not one I want to start.

However, putting up a boulder? You bet. My next door neighbor said just put in some tall stakes with reflectors. That is what he's now done to his side of the property that lines the driveway. Those reflectors would be no match for the tractor trailer, but they do send a message..

 

[RobertN]

Ya, when the private roads in our neighborhood of 5 and 10 acre lots was put in 40 years ago, they were made 20' or so wide, but on a 60' easement. Due to terrain, in some places the roads are in the middle of the easement, but in others, the road is all the way to one side or the other...

Yup... survey, mark line with fence.. row of trees.. bushes... whatever you want to mow around... But be prepared that the 'drive' may not be just 12'.. could be wider than that. Whatever it is, live with the survey and protect what is yours...