Is there any such thing as abusing a easement across my property?

[Sigarms]

First off, talk to the landowner, in person and on site if possible. Keep it neighborly, its the right thing to do. The last thing you want to do is ruin a possibly good relationship with the landowner by having the first glimpse of this issue come to their attention in a letter signed by a lawyer. I've been thru this, a good relationship with a long term family friend has soured to a certin degree. Talk to them!

Kind of like the neighbor did with the OP?:laughing:

The reality is you HAVE to know what you can legally do and more importantly, what you CAN'T do. You can be buddies all you want with a neighbor that your or they are stuck with per one having to use the others property, and a "gentleman's agreement" may last for a couple of years or even perhaps decades, but... sooner or later something is going to change that and you HAVE to know all your options.

 

[polo1665]

I went back and read some more. I still haven稚 read the whole thing but I致e read nearly all of the OPs post in that thread. The end result. $422,000 settlement, $90,000 interest, and over $100,000 legal fees. He did get to keep the property.

Keep reading. He was able to keep his property, but ultimately also lost the easement case on appeal.

 

[4570Man]

Keep reading. He was able to keep his property, but ultimately also lost the easement case on appeal.

Of course he lost the easement. He was in the wrong the whole time. I don’t think he had to foreclose his property to pay the enormous settlement against him. Had he not been stirring crap about the easement I really doubt it would have ever escalated to that point.

 

[4570Man]

Kind of like the neighbor did with the OP?:laughing:

.

I don’t suppose you need to get your neighbors permission to rent your property. The problems the op described could easily be unforeseen consequences and a neighborly solution might not be out of reach yet.

 

[ch1ch2]

It was two separate issues.
He won the easement issue.
The other issue was how he allegedly acted during the dispute.
Right or wrong the jury found him to have acted in a way that caused harm to his neighbor. That is why there was the judgment against him.

I hope I am not getting two threads confused.

 

[Sigarms]

I don’t suppose you need to get your neighbors permission to rent your property. The problems the op described could easily be unforeseen consequences and a neighborly solution might not be out of reach yet.

The point I was making is if your renting a house off your neighbors road, it would be nice to mention it to your neighbor that your renting the house and people he doesn't know may be using his road to get to the rented house.

At this point, the neighbor doesn't care about a solution becuase they (the neighbor) isn't aware that a solution is needed.

Tells me enough. Get a lawyer and go from there. Good chance the neighbor has done exactly that, thus they don't care.

What you get when you have to share a road to YOUR house.

 

[tomplum]

There sure are a lot of assumptions in this thread and divisive solutions put out there as well. We've all heard the horror stories of bad neighbors and how one guy can poke the bear harder than the next and eventually you have a conflict that you can't come back from on your hands. The OP is at square one. At this point, cooler heads may very well prevail. You can always lawyer up or get with the county on another day.

 

[Steppenwolfe]

There sure are a lot of assumptions in this thread and divisive solutions put out there as well. We've all heard the horror stories of bad neighbors and how one guy can poke the bear harder than the next and eventually you have a conflict that you can't come back from on your hands. The OP is at square one. At this point, cooler heads may very well prevail. You can always lawyer up or get with the county on another day.

Here's the deal. Anytime you tell your neighbor how to use his land, what he can or can not do, you are in a mine field. Tip toeing out might work, or ....

 

[Sigarms]

You can always lawyer up or get with the county on another day.

You lawyer up first...

You don't have to be a prick to your neighbor, but you darn well better know your legal rights when dealing with them.

 

[tomplum]

Here's the deal. Anytime you tell your neighbor how to use his land, what he can or can not do, you are in a mine field. Tip toeing out might work, or ....

I have a different view. I've entered into these types of discussions, having the forethought to approach the situation rationally. I've stood my ground, given a little and taken a little. I've dealt with rambunctious youngin's and grown men/ women who you would think they should know better. Generally I have the ability to make things better.

Here's how I see it. Every relationship has a beginning. Given a choice, I'd rather tee off a relative than a neighbor. Yep, I'm sure sometimes the fence needs to go up a bit higher. I've also spent enough of legal fees to buy a new fancy pickup and trust me, I'd rather have that money and energy that went into the whole system than to do it over again. I don't dislike attorneys, they have their place. You can always see if there is a solution or at least have a face to face to get a feel for the situation. Then at least you can look across the desk and tell the man or woman with all the law books behind them where you think this thing is going to go.

I don't even see where the OP has responded, or I might have missed it. His goal may not even be to tell the owner what to do or how to do or anything. Maybe he called an attorney. Maybe he called a realtor. Maybe?