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

[Mousefield]

Your totally correct. We don't have all the details. To the op, don't assume he's a jerk till he proves it. Good luck.

No we don't have all the details but I think a good neighbor would have fixed the road a long time ago, especially when you consider he has created the problem and has the equipment and access to gravel to fix it. In the long run, no matter how you handle it, he will most likely not be happy. Make sure of the property and road boundary and then, as suggested, some big rocks.

 

[sailfast]

No we don't have all the details but I think a good neighbor would have fixed the road a long time ago, especially when you consider he has created the problem and has the equipment and access to gravel to fix it. In the long run, no matter how you handle it, he will most likely not be happy. Make sure of the property and road boundary and then, as suggested, some big rocks.

You could also go with a "Truck Trap" extra soft spot (tilled earth 12 inches deep) that would trap him there if missed it too far. With heavy equipment loaded there is no way he could get past such a soft spot; have to unload the equipment and lift or push it out. If he got caught I am sure he wouldn't do it again and not obtrusive like a boulder.

Btw now is a great time to sew grass seed.

 

[yelbike]

You could also go with a "Truck Trap" extra soft spot (tilled earth 12 inches deep) that would trap him there if missed it too far. With heavy equipment loaded there is no way he could get past such a soft spot; have to unload the equipment and lift or push it out. If he got caught I am sure he wouldn't do it again and not obtrusive like a boulder.

Btw now is a great time to sew grass seed.

That's a sand trap for truckers!!:rotfl:

 

[RobertN]

Did you find out exactly the easment? As I mentioned previously, the roads in my neighborhood are 20-24' wide, but the easement is much wider. And, in some area's the road is all the way to one side of the easement....

Update:

It's all done.

 

[Orangecrush68]

Did you find out exactly the easment? As I mentioned previously, the roads in my neighborhood are 20-24' wide, but the easement is much wider. And, in some area's the road is all the way to one side of the easement....

Hello. The easement is stated as Electric Co. Easement, 12ft wide, with an arrow pointing to my lane of the driveway where it runs along side the pole. The electrical pole is on my property, located on the very edge of the grass, almost touching the driveway.

That is the only easement there is.

 

[yelbike]

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

Wow!! What a read!! I read the first few pages, then just the op post to speed things up. All i can say is wow.

 

[swick1]

Well it's been 4 days. How is it working out? Did he run over your car in retaliation?

 

[radioman]

interesting. Over the summer this year, I had a issue with my my neighbor east of me that keeps mowing on my property and each time he mows, he goes further and further and fruther to the point he is clearly on my property. I had a conversation with him about it and he just sneered and said ok no problem but still does it. hmm. I looked at my property survey and got the biggest rock I had, moved it to the edge of the property right in the mowing path. He havent mowed on my property since. A single rock placed on the edge of the line on my side, he stayed on his side on the 100 ft border .:thumbsup:

sometimes a single obstruction is all you need.

 

[Mace Canute]

Hello. The easement is stated as Electric Co. Easement, 12ft wide, with an arrow pointing to my lane of the driveway where it runs along side the pole. The electrical pole is on my property, located on the very edge of the grass, almost touching the driveway.

That is the only easement there is.

An electrical easement is between the land owner and only the electrical utility to give them the legal right to have their equipment on the property. They also have the legal right to use that easement to access the equipment, but it doesn't give anyone else the right to be on that easement.

 

[MarkV]

I was thinking the same thing as Mace. We have a power line easement on our property and it sure doesn't give anyone besides the power company the right to use it. If there are other houses down the lane there must also be some Ingress/Egress easement in play.

MarkV