Neighbor Claiming Prescriptive Easement?

   / Neighbor Claiming Prescriptive Easement? #51  
Agreed a secondary access is not a necessary access since there is a primary. That being said the fact that 3 other people also use this access makes it difficult to tell the fourth one no. This looks like a beef with a neighbor where all other neighbors have access.
 
   / Neighbor Claiming Prescriptive Easement? #52  
I would look at it this way. What do you stand to gain in the end? Assuming you can get this guy legally banned from using your driveway, is it really worth the effort? How are you going to enforce it? Even if you got a court order, how are you going to keep him out if you can't put up a gate?

You would have to take pictures of all his vehicles with visible license plates and try to take him to court. Are you willing to go through that much effort? Since there is no real harm done, and others use the driveway, around here anyway, such petty, vindictive grievances are usually thrown out of court if they even get that far.
 
   / Neighbor Claiming Prescriptive Easement? #53  
Don't sweat the small stuff. In the grand scheme of things, this is a tiny issue that's getting you worked up. Time to make some sawdust, (do something fun, relax).
 
   / Neighbor Claiming Prescriptive Easement? #54  
I’d say if you want to stop it you could fence the line. That doesn’t look like it would block the others from using the drive. They do have a term for that, it’s called a “spite fence”. It serves no purpose except to spite the neighbor. I’ve seen one of those built.
 
   / Neighbor Claiming Prescriptive Easement? #55  
I’d say if you want to stop it you could fence the line. That doesn’t look like it would block the others from using the drive. They do have a term for that, it’s called a “spite fence”. It serves no purpose except to spite the neighbor. I’ve seen one of those built.
We have a water line easement next to our property. There is an access road on it for the water district to access maintenance points along the 50 plus mile line. A neighbor created an access road to the water district easement road and started running off road trucks and bikes past our house at all hours. We called the water district and reminded them of the liability associated with permitting such use. They came straight out and blocked that access and installed locked gates at strategic points to stop that type of use.
Another experience I had with a similar situation was my own property. My fence property included 1.25 acres of the neighboring parcel unknown to anyone for 20 yrs. In that time I had improved and maintained that land. When the new neighbor owner built a house and hired a surveyor they told me to move my fence. My sister being a real estate lawyer provided documentation which explained the land was mine now by law.
Not wanting to be a bad neighbor I allowed the new neighbor to move the fence with new material and a contractor of my choice. That was 15 yrs ago and the neighbor and I are still on good terms.
Being on good terms with your neighbors is worth giving a little. Besides, it was less mowing for me and I got a new fence.
 
   / Neighbor Claiming Prescriptive Easement?
  • Thread Starter
#56  
Since I bought this place, I've had a TON of trespassing. The previous owners lived 1000's of miles away, so there was no one there to keep things in check. Perhaps the previous owner didn't mind, we asked them about easements early on and they never mentioned anything about letting all the neighbors use the land.

It took us two years to get things under control, to the point we were no longer getting weekly trespassing. Our lovely neighbors did not like having access to our property taken away. They also tried to form a HOA to which we politely declined. They even tried to get the HOA pushed through (with the previous owners) while we were under contract to buy this place!!!! That's how these people operate. Yeah who wouldn't want a HOA controlling their 200+ acre ranch.

One neighbor even has five of our acres behind a locked gate. We graciously gave them a year to build their own fence and gate, but two years on, they had done nothing. We did try to give people time to adjust but it was a relentless onslaught. Stealing wood, trashing the road, dumping building materials, parking cars, speeding (65mph on our driveway), trash, calling up utility companies to get our private info, aggressive dogs paroling my land 24/7. One neighbor even cut the fence to built a road onto my driveway to give themselves easy access to park their RV behind their barn. They claimed they thought my driveway was a public road. Then there's the dirt bikes and ATV's riding on my land etc. The list goes on. Every week it was something new.

It's a difficult situation and while some may say some of these complaints are petty, as a collective it was out of control and no one should have to put up with this BS.

Getting back to this fire chief...... he isn't just trespassing for secondary access. A few months back he trespassed onto our land to take a photo of our intersection. He then used that photo, along with a photo of our street numbers and published it in the local newsletter as an example of poor signage, making his job as fireman harder. Well the signage has been that way the entire time he's lived there, but it's only a problem now?

So yeah, I think something has to be done and I don't think it's petty. No one likes someone using their "position of influence/power" to settle their private grievances. Very unprofessional to say the least. I keep trying to deescalate with this guy, but he keeps coming at us with his BS. The last time I had contact with him was in the spring. I called him to check on his horses as we had horses loose on our property. He thanked me and I thought we were finally on OK terms, but then he goes and trespasses to take photos to publish to the general public to try and shame us.
 
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   / Neighbor Claiming Prescriptive Easement? #57  
Read this entire thread.


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.
 
   / Neighbor Claiming Prescriptive Easement? #58  
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.
This is why when I was looking to buy property up in NH last year I had a strict no easement rule for my realtor. Cant tell you how many nice properties I walked away from because of easements or strange covenants. The property I almost bought and wrote up an offer for included a requirement that the PO revoke the verbal access he had given out to let his friends cross through on snowmobiles . He turned out be be a giant jerk and lied about obvious things so that one fell through. For instance he had a well he said he never used but I could see the lines he used to connect it to a travel trailer still attached. He didn’t want to be responsible to have it tested, but included it in the price as it was new. Some people just suck.
 
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   / Neighbor Claiming Prescriptive Easement? #59  
It’s nice you filled in some back story letting us know you had problems in the past. Some people are very sensitive to trespassing and others aren’t. It sounds like you have reason to be.

I’ve been licensed to survey in Illinois since 1992. I’m not sure how many surveys I’ve done but probably over a 1000. Sometimes I’m shocked by people’s lack of respect for boundaries. In your case having remote owners in the past made it worse.
 
   / Neighbor Claiming Prescriptive Easement? #60  
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.
 

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