Ah Henro, your wisdom always cut through the junk, and in the end you are usually right. Your last sentence says it all.
As I live in a private neighborhood, and as I am president of the Property Owners Association, I am stuck in this whether I want to be or not. I've explained to this neighbor several times, as have others, what the reality is. He chooses not to hear it. And so he got himself elected to the board figuring he could change things.
He complained in written form, and I am doing due dillegence to be fair and honest. I obviously disagree, but I really didn't know the answer to the question that started this post, and that question is directly to the point of ONE of his MANY issues.
With P.O.A. board approval, I have also brought in my law firm to investigate "easements" and to provide a legal opinion for this neighbor. It will end up costing the neighborhood money, but far less than a driveway, and it should settle this issue once and for all. We had the EXACT same set of issues with the former homeowner who sold the house to the current guy 4 years ago. He's a nice guy otherwise and a nice family, but this one issue of easements simply is a thorn to him.
My advise to him, and to the former owner was exactly what you recommended. Put your personal driveway in a different spot, and if you choose, put up a fence where you have issues.
But this is an odd case because of the way the former owner situated the house on the lot when he built. It really takes great advantage of the easement and makes it an ideal driveway. The problem is, it is still an easement. The former owner not only wanted it paved for him, but also wanted us to plow the snow for him in the winter. Yeah, sure, we'll do that /forums/images/graemlins/wink.gif
Just a simple case of " I don't understand, but even if I'm wrong I'd still like it my way!!! "
I make enemies every time I get elected to the Board of Directors simply because I point out the rules. We have the ability to change the rules with a neighborhood meeting, but funny thing is every time someone wants to change a rule, it gets voted down in a landslide. Simply put, nobody wants to pay for things but they want everyone else to pay for them. Just doesn't seem to work that way. So I point things out in a nice, but blunt way. Sometimes it takes a 2x4 over the head. In this case, it may be a bit more than that because this problem KEEPS COMING UP year after year.