Neighbor Claiming Prescriptive Easement?

[D&D]

I told him that he could use my driveway for his secondary access, but to please call me first.

He ignored that and just does as he pleases. I've tried to make nice with him every time I see him, but it's not working.

Is this a city mouse turned country mouse issue? Why does it bother you so much? If it’s a joint use drive, so what?

 

[D&D]

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?

You really want to ban the local fire/ems chief?

 

[paulsharvey]

So if someone is using your property for a set time without permission they basically get squatters rights? Holy crap that’s messed up.

In almost all cases, yes. That's why in general, being a "good neighbor" is a bad idea. The length of time varies, and the requirements of it are highly different from state to state, but allowing access is a bad idea. If our OPs case though, he needs to consider what it costs to be "right". Some times you can be right, and it's still not worth the money for the fight

 

[Runner]

You really want to ban the local fire/ems chief?

I don't, but the OP apparently does. It just seems to me that if you have 50 other people using your driveway, but you want to prevent just this one, you have to have something specific to him.

 

[D&D]

In almost all cases, yes. That's why in general, being a "good neighbor" is a bad idea. The length of time varies, and the requirements of it are highly different from state to state, but allowing access is a bad idea. If our OPs case though, he needs to consider what it costs to be "right". Some times you can be right, and it's still not worth the money for the fight

adverse possession is usually a little more involved than that.

 

[paulsharvey]

adverse possession is usually a little more involved than that.

So, don't confuse adverse possession and or squatters rights with a Right of Way in Fact, or prescriptive easement.

But, if you allow (or the previous owner) access for a specific period of time, that person could have gained rights.

The other thing, so, you know there Is an easement, it may or may not be a general easement or a specific access easement to the other owners. Also, maintenance of the easement can create rights. Let's say the county has graded the easement for a period of time, like in a case where multiple people use an easement, that can create rights.

At least in FLa, if you allow someone for I think 7 years (by allow, I mean don't prevent) access, they can claim access rights. They would need to prove it though.

I think Pinion needs to do some Colo land law reading before he does anything drastic; and certainly before he spends $6000 on a lawyer.

 

[paulsharvey]

Colorado, it looks like 18 years.

It could also have been a verbal contract, or an unrecorded easement, which are also legally binding. Just do some research before going crazy.

Also, don't know what open range laws might do for this?

 

[Runner]

Colorado, it looks like 18 years.

It could also have been a verbal contract, or an unrecorded easement, which are also legally binding. Just do some research before going crazy.

Also, don't know what open range laws might do for this? View attachment 1870443

I could see a sharp attorney making the case that the property didn't belong to THIS OWNER for the last 18 years, therefore the prescriptive easement doesn't apply.

Not sure a "verbal agreement" by a previous owner (if there was one) should apply to a new owner.

 

[RjCorazza]

All interesting points. We could all "arm chair quarterback" this matter to death, but it will almost certainly need to be decided in court if both parties dig in.
One final thought that had been touched on is the fact that the neighbor is using this access road as a SECONDARY means to access his property. I suspect that a judge is going to take a dimmed view of a neighbor making such a fuss over a secondary access to his property. The neighbor is just being a jerk.

 

[dodge man]

I’ll add a couple of points.

Law enforcement hates getting involved in these things. They probably won’t get involved unless you have some kind of injunction.

What price do you put on justice? How many thousands of dollars in lawyer fees are you willing to spend?

Now I’m going to be harsh and keep in mind I’m not trying to insult you, I’m just being honest. When I’ve done surveying where a dispute is involved there is often some animosity involved. You don’t like the guy, which may be justified, but that is affecting your thinking. Unless him using this shared driveway is really doing damage I’d let it slide.

If you really want to put a stop to it being a permanent easement you could get a lawyer to send him a letter giving just him the right to use it. That would stop future owners. This might escalate things.