Neighbor Claiming Prescriptive Easement?

[bcp]

How often does he use your driveway? At first i was thinking a couple of times every year or two.

Bruce

 

[bcp]

Oh and to make matters worse, he's also the head of our volunteer fire department,

If he continues, go to Justice Of Peace for an injunction.

The fire "chief" and the JP may be fishing buddies.

Bruce

 

[In.the.Piñons]

How often does he use your driveway? At first i was thinking a couple of times every year or two.

Bruce

I'm guessing a few times a month. But I don't know exactly, because I don't know all his vehicles.

However, tonight he decided to make a point and use his "secondary access" a few times to send me a message (we had words today about him trespassing). At least now I can identify one of his vehicles.

 

[34Willys]

He has no prescriptive, aggressive, easement rights if this is not his only access to his property, unless there is no other way due to terrain, or some other physical barrier.
We had a similar issue where we had neighbors cutting through our property to save 2 miles of dirt road.
When we purchased the property, we built 'barriers'. The dirt road was their primary access, so they had no leg to stand on.
Patrick

 

[ning]

I'm not sure that it's true that a prescriptive easement can't occur if they have an alternate method of access - I've never seen that mentioned.

As far as I know you could have fifteen legal easements and if you effectively trespass in another area consistently and obviously without any complaint by the owner for long enough, you'll soon have 16.

 

[9973720wb19]

I'd hire a local well known and experienced Real Estate attorney. You can ask that he/she "give you an opinion letter". You can do this without involving your neighbors - if they have a right or not the legal advise will guide how you react to them.

 

[paulsharvey]

Is there a way to see a date on google earth?

Yes, absolutely. You might need a EarthPro account? But I'm pretty sure that's free. As far as I know, the main issue, is You will need a PC, the mobile Earth app doesn't easily have the "clock" to go to past pictures, but most areas it will scroll back to around 1992 or so, so over 30 years. The older pictures are low Def, but around the year 2000, you can ID wheel ruts and cleared paths

 

[paulsharvey]

See if it's recorded on your deed or in the meets and bounds. If it is, sue the seller for not making it evident during the sale. Tripple damages are in order including loss of use, loss of privacy and loss of rights under the 14th amendment. If it isn't, tell the neighbor to pound salt.

Or if you signed the notice without reading it, just live with it.

You would actually make a claim on your Title Insurance

 

[D&D]

You have to give a key to the FD? Hell would freeze over here before that happened here.

I learned in property law that you don't have to give access to a yard. Barnyard, graveyard etc. Or and orchard. Go find a lawyer.

May have missed it, but folks should say where they are in cases like these.

Two things would happen then, your emergency call goes unanswered or your gate gets driven over.

 

[Runner]

Is it possible to get a restraining order to keep someone off your property? Does someone have to physically hurt or threaten you before you can get a restraining order?