Neighbor Claiming Prescriptive Easement?

[IndyIan]

So, just having a lawyer send a legal letter to cease and desist is gonna cost around $1200. Maybe that is worth it to prevent future claim, but $1200 isn't going to settle a contested claim.

I would just book an hour with a long time community lawyer to talk about what your options are? Bring the neighbors letter, and a summary of your communications with him, have a copy of your registered survey, and any easements with you. Summarize the ownership history, usage history, who uses the driveway now, and write up what's been going on. He should be able to figure if the neighbor has a right to use your driveway and if their letter means anything?

We had some driveway issues accessing our property when our neighbor passed away and the kids wanted to sell the farm, and the smartest thing I did was go to their lawyer and ask what's the deal. He was a local lawyer and respected in the community, and was initially hesitant to represent us both, but saw this wasn't a big deal to sort out, or going to be a big money maker. Anyways, it saved sending $1200 letters to other lawyers.
In the end I paid for a couple hours of lawyer time, and a small survey at the driveway, all for around $1200 and we all lived happily ever after.

 

[ning]

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

It's not allowing access that's the problem. If you explicitly give permission to use the property, they can't claim adverse possession or a prescriptive easement - they can, of course, be difficult to evict if they actually live on the property.

The problem is when someone does something without permission and the owner doesn't explicitly complain or permit.

When we moved to our current house, a neighbor used our driveway to access their property. I notified them that for the time being they had my (revocable) permission to do so. In our case, making them stop never became an issue because another property behind theirs got sold and built on, and that property had an easement through the permittee's land and they made their own driveway, so the guy ended up using the new driveway and there's a ditch between the two roads where he used to cross over (the new driveway goes straight up, while the old one curves around).

IMO the good-neighbor thing to do is - assuming you're dealing with an equally good neighbor - permit occasional access if it's really needed (like my guy, who was poor and clearly not in the position to put in his own road). In op's case, he's already got a bad neighbor with a serious attitude, and it's time to lawyer up before he loses some of his property rights, because if the "co-usage" argument doesn't hold (my guess is that it does!), the @$$'s use of the driveway in defiance but with no written notice of denial will result in a prescriptive easement, which today wouldn't be a big deal if it's just aholeneighbor's occasional drive but if the land back there is split and multiple houses put on? boom, lots of traffic.

Lawyer up.

 

[buckeyefarmer]

Here to see what happens.

 

[MGP4506]

I have a neighbor who is claiming my driveway is also their "secondary access" to their property. They have their own driveway, so I have no idea why they would need to use mine. Anyway, they have no legal easement, but claim they have been using my property as "secondary access" for 30 years. I spoke to the police about it today and they said there's nothing they can do because they "might" have a claim to a prescriptive easement, so it's a civil matter.

Has anyone dealt with the before. What was the outcome. And yes I know the law varies state to state, but I'm still curious how things went.

I tried talking to this guy but he is one of the most unreasonable people I've ever had the pleasure of meeting.

The police are right about it being a civil matter. You may have to check with a lawyer that deals with property. Also when you bought your place did they do a title search? If there was one it maybe listed in that.

 

[ruffdog]

So, just having a lawyer send a legal letter to cease and desist is gonna cost around $1200. Maybe that is worth it to prevent future claim, but $1200 isn't going to settle a contested claim.

The neighbor would then have to prove his side. If he states he had been using it for 20 years, ask him how much money he has contributed towards the maintenance of the driveway. Do any of the neighbors pay for upkeep? Why should he get a free ride while other people pay for maintenance? Maybe charge him the maintenance costs for all the years he says he used your driveway. What if YOU choose to pave YOUR driveway? You should be able to split the cost with the people with easements.

 

[buckeyefarmer]

What do other neighbors say about him using their drive, before their drive joins your drive?

 

[paulsharvey]

The neighbor would then have to prove his side. If he states he had been using it for 20 years, ask him how much money he has contributed towards the maintenance of the driveway. Do any of the neighbors pay for upkeep? Why should he get a free ride while other people pay for maintenance? Maybe charge him the maintenance costs for all the years he says he used your driveway. What if YOU choose to pave YOUR driveway? You should be able to split the cost with the people with easements.

Normally, easements do Not include an obligation to maintain, by either party.

No one mentioned this, and it's a crap shoot, but have you looked at your counties public works GIS system? Being that it is a multiple party easement, the County could have taken the easement to ensure access. Many counties don't have this kinda info easy to find, but some do. There are cases where a multi party easement is transferred (or taken) by the county.

Although I do believe Pinion, it's easy to have record of an easement drop away over the coarse of multiple sales, regulation on how far back a title search goes, property splits/combining, ect.

If you do successfully block his access, and he Does have legal access, he May be able to come after you for damages, inadditon to you allowing it.

 

[MossRoad]

Read this entire thread.

Help! I need legal advice re: easements

My neighbor has an easement thru my property " for ingress and egress, 20' in width upon the existing roadway" The existing roadway is a gravel road about 10' wide. He is now trying to widen the existing road and also take more of my land at the end of this road by adverse possession or...

www.tractorbynet.com

It did not end well.

Get a lawyer if you plan to continue your quest to keep this guy off the end of your driveway. It just might not be worth it.

Yeah, principles, morals, I get it. But reality and the legal system don't always work the way we think they should. Sometimes you have to eat a turd sandwich. Sometimes you get a turd sandwich with mustard. Doesn't make it taste any better.

Read that thread from start to end.

I can't emphasize enough before you start anything...

READ THIS THREAD IN IT'S ENTIRETY!
You won't regret it.

Help! I need legal advice re: easements

My neighbor has an easement thru my property " for ingress and egress, 20' in width upon the existing roadway" The existing roadway is a gravel road about 10' wide. He is now trying to widen the existing road and also take more of my land at the end of this road by adverse possession or...

www.tractorbynet.com

 

[DynamicD]

I can't emphasize enough before you start anything...

READ THIS THREAD IN IT'S ENTIRETY!
You won't regret it.

Help! I need legal advice re: easements

My neighbor has an easement thru my property " for ingress and egress, 20' in width upon the existing roadway" The existing roadway is a gravel road about 10' wide. He is now trying to widen the existing road and also take more of my land at the end of this road by adverse possession or...

www.tractorbynet.com

I just read this one...Mainly skimmed and read the OP posts. Cant believe how that ended.
I agree it should be read before getting too carried away...

Personally id say Turn the Other Cheek, let him use it and just smile and wave (probably good to look into the revokable permission route)....But that's me and I am far removed from such an issue. I own 1 acre surrounded by friendly elderly people....
Hope it all goes well at any rate.

 

[MossRoad]

If three others are already using the end of the drive what's one more?

Even though the other three have permission and the 4th doesn't and is a jerk?

Yes, morally (and maybe legally) the jerk doesn't have standing. Just carefully weigh the options (and maybe unforeseen consequences) before taking any actions.