Another neighbor problem.

[Kelvin]

</font><font color="blue" class="small">( we still don't know if we can block him, since we have been giving him verbal permission to use it. )</font>

I think that you can revoke your "verbal permission" up until the point in time that the neighbor can make a legal claim for an easement to your property. Your lawyer can advise whether blocking his access to your property once a year will block his "rights" to obtain an easement to use your property.

Kelvin

 

[Briarwood]

Of course state law prevails and your local attorney will know what is necessary to protect your rights. What you must be concerned about is your neighbor obaining a proscriptive easement by his continual notorious and unimpeded use usually for a period of 21 years (may be different for your state). My experience is that it is not necessary to block his use physically, rather you just need to notify him that he has your permission to use the "right of way" until such time that you wish to deny that usage, that is, he must be formally notified that you are aware of his usage and as the owner you intend to control your own property and his use is temporary and at your descretion. That will stop the time clock ticking adding up the years to establish his proscriptive easement. If that will work in your state, it may be better than just blocking off access and really ticking off your neighbor.

Of course, whether you are right or not, does not keep your neighbor from retaining some ambulance chaser that will take his money and make life miserable for you fighting whatever you try to do with all kinds of bogus charges (see other similar posts).

FWIW
Briarwood

 

[SageBrush]

Well, the Lawyer said the local law does not allow the legal harrassment like other areas. Plus he doesen't have much money. We were surprised, but he said it will not be much of an issue. Hope it comes true. Haven't heard back from him on the neighbors use yet and the best way of protecting the land.

But, all of our family members in the area thinks it would be best to stop his use of the road. I'm finding out they don't like this guy at all. Now they tell me! My uncle asked him to stop shooting at his house or something and had a word fight. The children are reporting in too, which is really upsetting to me. You, don't mess with children on their parents land. They don't get anywhere near this neighbor. I didn't know he has been shooting into our land this much. So, I think its time to stop helping the guy out with the road, he doesn't care about my other family members, why should I give him a break? I guess we have been too nice. I was not aware others were having problems with him too. He is being real nice now, because he knows that we are thinking about a restraining order after three seperate family members have been cussed out by him and the shooting which I thought was not too bad, untill I heard the history with the children and their play area.

I sure wish I new about this before, it would have stopped long ago. My family members should not have kept all this quiet. I don't talk to them much, but man, I think they should have said something! I would not put up with this stuff at all if I new he was shooting over the kids area. The "play ground" is about 300' from his property corner.

He was really dumb to cause a problem with the owner of the road. Not very bright. And the shooting! Some people just create problems for themselves, I guess they need more to do. Now its going to cost him a new drive way to his son's trailer and some problems with the law on the shooting over people. This guy is turning out to be a real idiot. Our deputy freind is going to have a lot to talk about with him on the children issue. Very bad person. I live in GA so, I was not aware of all this going on in AL. Its a tree farm, only go there twice per month right now, weekends. Some family members live on the front, where grandpa deeded them a acre a piece. Our land is just behind them, so they are closer to the rotten human we call nasty neighbor.

Thanks for letting me vent, the advice has gotten us down the right path, thanks.

 

[chrisjbell]

You definately want a lawyer. We just had a problem with a 10 year old kid speeding a scooter up and down our private road. His folks do *not* have an easement across any property where he's been cruising, nor is there any historical use by them. I spoke to the kid a couple of times, as have several neighbors, but he kept on speeding around.

Finally I caught him holding down the front brake and doing "burnies" with the rear tire. That got me pretty upset, as that causes damage to our road. We called the sherrif and were told that there isn't anything they can do. Fortunately, the kid is only here for another couple of weeks (summer vacation), and the sherrif did say that our call to them should protect us from a lawsuit if the kid gets hurt. But it still steams me.

For all issues easement related, get a lawyer and file stuff with the court. And don't accept arbitration - just ask MDBarb.

 

[SageBrush]

Sorry to here that, at least it was a kid. People have very little respect for property not their own. Gates have solved a lot of our problems. When I get the money, I'm going with one of those powered gates across my front drive. I have a regular one now, just need the opener. Its a pain to get out and then back in when you go through the same gate and its raining, or hot, or muddy etc..

 

[DUMBDOG]

What about trespassing or is that legal out there?

 

[Gary_in_Indiana]

<font color="blue"> Its a pain to get out and then back in when you go through the same gate and its raining, or hot, or muddy etc.. </font>

Make yourself a Texas bump gate. /forums/images/graemlins/grin.gif It's self closing and swings open when you bump it with your bumper. It's a pretty neat setup, to say the least. /forums/images/graemlins/cool.gif

Obviously, if you lock it then you get back to where you are now. If you're just looking to have a gate and the appearance of a line of demarcation, so to speak, this could be just the ticket for you. /forums/images/graemlins/smile.gif

 

[SageBrush]

Have you seen my truck? /forums/images/graemlins/grin.gif

That won't work for me, black painted factory bumper would not fare well. Good reason for a Ranch Hand style bumper though. Also have a big black Cadillac that would not like that.

Actually the road gate has other family member's cars going through it too. I've been leaving it open because my cousin is disabled from a recent back problem. So, he dosen't get around very well. He can't open and close the gate without major effort. Too much trouble to run power to that one also. I put that one up for those times when we all go some where and nobody is there at all. The main road gate is for show really, we seldom close it.

I really need another power type gate to keep people out of our private drive, when we are not there. My grandmother also uses the drive and she dosen't need a gate to open either. But, she can push a button. /forums/images/graemlins/grin.gif

I'm surprised at how many strangers will come down our drive all the way to our stock pond in the middle of 88 acres and think its ok to fish there, like its some public lake! You can not see it from the road either. Posted signs everywhere, no hunting, no fishing, all the good stuff. So, thats my next project, a heavy steel gate with eletric opener just to restrict my driveway which leads to our little barn and then the pond stocked with bass and other fishies.

 

[Taylortractornut]

Sage Brush I have access to a n HD20 Allis Chalmers dozer with a 6-110 Detroit and a straight pipe. Get a family member to back drag your drive about 3 am till your neighbor gets the hint. I had a neighbor that reported me driveing without a CDL. Just down the road a piece to make sre any thing i fixed on them worked before i sent them on their way. She used to get up at 9 am and id witherwork all night in the shop or start early in the morning. The DOT gave me a hard time for a while so i kept a friends Dm 600 Mack out at the shop with an air starter. Itd shake the windows at my house. About 3 mornings in a row she decided to call a truce. I hate to hear about your neighbor though I have one like that at the moment way down the road and thats still too close.

 

[Gary_in_Indiana]

Sage,

Check out Northern Tool & Equipment. I think they have gate openers that are battery powered and even some photoelectric deals that keep your battery charged. I'd think as far south as you are that might be the hot setup for you.