Neighbor Claiming Prescriptive Easement?

[paulsharvey]

Yes, but I assume (perhaps incorrectly?) that it's not legal until it's gone through the courts and is proven to be legal.

Otherwise anyone one can just come on your land and use the excuse they've been doing it for years, right?

Not 100%, if they can produce the easement documents, it's valid. Back in the old days, many people and utility companies didn't want to pay the $35 or whatever to have it recorded. That sounds cheap, but when you look at maybe 50,000 utility easments, it ads up. Also, they may have never thought it was an issue.

Yours sound a bit sticky because you can't physically block the 3rd party, that you know does have legal access.

I have seen where the new owner has the other person trespassed, after an easement was signed away.



So, right, wrong, or indifferent, what's it's worth to you? If he is using another shared use drive, you really aren't loosing much, and it might not be worth the fight?

 

[bcp]

Neighbor: "Your driveway is my "secondary access" to my property."

Me: "Prove it!"

Bruce

 

[bcp]

A diagram would help us.

Does your drive allow access to part of their property that they can't get to from their own driveway/property?

Bruce

 

[In.the.Piñons]

In your case, if they're not actually using that driveway in as I mentioned an obvious way, tell them where to stick their easement.

My property is pretty large and I can't see this part of my driveway from my house. It's about a 3/4 mile away.

I did install cameras last year to keep an eye on what was happening but I have no way of knowing who's who. I get to know the cars of the regular neighbors, but a car that I only see every other month could be a relative or friend visiting someone. There's no way to know who's driving.

Oh and to make matters worse, he's also the head of our volunteer fire department, so I would have to give him a key to any gate lock anyway (but he could only use it in case of emergency, one would think).

 

[Sprinkler Fitter]

1st, is there an access to their property at this 2nd location?

2nd; if there is, take a look at Google earth, and see how long it's been there

3rd; if there isn't, look for signs of an old access, pipe, roadbase, no large trees, ruts, ect; and check back on Google earth

4th; The burden is on them to prove to a judge that they have the easement, not you to prove they dont

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

 

[bcp]

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

On the Google Earth app there is a clock-slider you can use to see various dated views, but not just on Google's satellite view on your browser.

Bruce

 

[jaxs]

I get the feeling there's more to it than we've been told but if you want to stop him from using your drive. Assuming things are same as in Texas, send him a return receipt letter of demand to cease and desist. If he continues, go to Justice Of Peace for an injunction. If he violates injunction, document and get witness(s) then file complaint with law enforcement. While it's true law enforcement has no jurisdiction the way it presently stands, they do have jurisdiction if and when he violates an injunction. They will likely warn him first time then issue citation each time afterwards.

 

[In.the.Piñons]

A diagram would help us.

Does your drive allow access to part of their property that they can't get to from their own driveway/property?

Bruce

Yes it's a little hard to follow without a picture. I'll see what I can do.

I don't believe they need my driveway to access that part of their property.

 

[Tinhack]

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.

 

[In.the.Piñons]

I get the feeling there's more to it than we've been told but if you want to stop him from using your drive. Assuming things are same as in Texas, send him a return receipt letter of demand to cease and desist. If he continues, go to Justice Of Peace for an injunction. If he violates injunction, document and get witness(s) then file complaint with law enforcement. While it's true law enforcement has no jurisdiction the way it presently stands, they do have jurisdiction if and when he violates an injunction. They will likely warn him first time then issue citation each time afterwards.

Thanks for the advice. There is more to the story, but it's basically him just being extremely rude to me, totally unprovoked. He's just a bully and told me flat out that he doesn't care what the law is, if I don't just let him use my property for his access, he will make sure I'm outcast from the community.

The first time I met him (out near the main road) he slowed and gave me the side eye as he drove by. He then doubled back and drove up on me and asked, "what are you looking for". I said, "nothing". He said, "well what are you doing here". I said, "I'm standing on my property".
He then identified himself as a neighbor and I introduced my self and offed my hand to shake. He then proceeds to tell me I can't put up a gate on my driveway as it will block his "secondary access"... he doesn't care what the law says etc.

I even offered to grant him access if he needed it for some reason, he just needed to call me first. But that wasn't good enough apparently.