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Posted: 4/28/2019 1:30:40 PM EDT

thanks for the advice but my attorney is handling it from here. Please delete thread

Posted: 4/28/2019 1:34:43 PM EDT

[#1]

I get the feeling there is more to this story.

Posted: 4/28/2019 1:46:17 PM EDT

[#2]

How does the easement read in your deed? If it specifically states it’s for ingress and egress only, they cannot quietly enjoy that tract of property as their own. But instead of kicking a hornets nest and trying to stop them from using it, why not try and offer them some money to get the easement vacated if that’s an option. Just tell them you have some plans for that particular area and would like to buy back the easement

Posted: 4/28/2019 3:33:09 PM EDT

[#3]

I am in similar situation OP, idiot refuses to use his driveway and insists on using easement road , which goes past my house, fortunately, they only show up once a year. Ive got a gate and had to give him a key to it, his driveway would be easier and safer for him, but guess he jus wants to use road because he can. Ive already to buy that property if they ever wanna sell.

First thing you need to do is pull all the deeds pertaining to that road / easement, see what the legal description says about it, wording in a deed can make or break a lot of things.

Either get the road abandoned thru county, which youd need their permission to give up the road, which doubt they would, as it would cost money to change the deeds and limit them forever.

Or offer to try to buy that section thru county but only after its abandoned, which would still require changing deed descriptions, which you would offer to pay for them.

* after re-reading, the fact there is a dam involved could be tricky, who maintains the dam ? The road / easement ?

If the ppl would sign, in my situation, i could get the road abandoned and then try to add it to my property, you may not have that option, it might be public right away.things you need to find out

Posted: 4/28/2019 6:26:11 PM EDT

[#4]

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How does the easement read in your deed? If it specifically states it’s for ingress and egress only, they cannot quietly enjoy that tract of property as their own. But instead of kicking a hornets nest and trying to stop them from using it, why not try and offer them some money to get the easement vacated if that’s an option. Just tell them you have some plans for that particular area and would like to buy back the easement

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This. I cannot play armchair attorney without more details.

Posted: 4/29/2019 7:36:35 AM EDT

[#5]

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Quoted:
How does the easement read in your deed? If it specifically states it’s for ingress and egress only, they cannot quietly enjoy that tract of property as their own. But instead of kicking a hornets nest and trying to stop them from using it, why not try and offer them some money to get the easement vacated if that’s an option. Just tell them you have some plans for that particular area and would like to buy back the easement

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Easement is for ingress/egress, Utility and Maintenance . And yes, there is more to the story but to sum it up, we don't get along. When they first bought the land they asked if we could take our fence down at the front of the drive so they could fit their double wide trailer through and obviously we said no... Shit really kicked off when they started peeling out up and down the driveway on their 4 wheelers. They are also tweakers and the constant traffic is annoying. 99% positive they are selling drugs. Anyways, negotiating is over. I offered them a good amount of money but they don't want to dissolve the easement. I will post a blueprint of the property that shows the layout of my land/driveway/lake etc and the exact wording of the easement but it is only for Ingress/Egress, Utility, and Maintenance. The easement actually wraps around the lake in front of their house and around the other side of the lake and onto the road so I'm pretty sure I could just make another driveway right in front of their house

Posted: 4/30/2019 4:08:17 PM EDT

[#6]

Not much you can do about the 4 wheelers as that is probably argueable. Should be able to stop the fishing.
Put up a camera with a sign saying all footage forwarded to police should cut down on the traffic.

Posted: 4/30/2019 4:46:31 PM EDT

[#7]

Needs more MSPaint to fully armchair qb this one

Posted: 5/8/2019 5:26:48 PM EDT

[#8]

Is this a recorded easement? What's that document say?

And

I understand that I can't just take them to court remove the easement but is there anything I can do?

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; if they is indeed an alternate royte for them ot use that doesn';t present any hardships for them then you may indeed be able to vacate the easement. You need to talk to a real estate attorney.

Posted: 5/8/2019 5:39:01 PM EDT

[#9]

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…. They are also tweakers and the constant traffic is annoying. 99% positive they are selling drugs.....

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Posted: 5/21/2019 8:06:37 PM EDT

[#10]

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Is this a recorded easement? What's that document say?

And ; if they is indeed an alternate royte for them ot use that doesn';t present any hardships for them then you may indeed be able to vacate the easement. You need to talk to a real estate attorney.

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^^ This.

A lot depends on the type of easement. As Fredman states, if there is an alternate route onto their property, you may be able to vacate the easement depending on your state's statutes.

Posted: 5/22/2019 6:46:39 PM EDT

[#11]

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^^ This.

A lot depends on the type of easement. As Fredman states, if there is an alternate route onto their property, you may be able to vacate the easement depending on your state's statutes.

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Quoted:
Is this a recorded easement? What's that document say?

And ; if they is indeed an alternate royte for them ot use that doesn';t present any hardships for them then you may indeed be able to vacate the easement. You need to talk to a real estate attorney.

^^ This.

A lot depends on the type of easement. As Fredman states, if there is an alternate route onto their property, you may be able to vacate the easement depending on your state's statutes.

It’s a recorded easement thats been there since before my neighbors moved next to me. They are to only use it for ingress/egress and maintenance but they seriously think our driveway is their property. Everything I’ve read says that pretty much the only way to terminate an easement is if they sign off or ever move and I acquire their property. I have little faith in trying to get it removed in court. My lawyer sent them a cease and desist letter saying that if they don’t stop misusing the easement agreement that I’m filing a law suit. I’m going to take a picture with my drone so you guys can get a better idea of everything. Just been busy.

I know all of this sounds petty but this guy has been very disrespectful since he moved next to me. He just got out of prison a few years ago for manufacturing and distributing methamphetamine. He did 10 years. Normally I wouldn’t really care because I believe in second chances but his Behavior doesn’t reflect somebody who is rehabilitated and I am positive they are selling drugs again.

Posted: 5/22/2019 7:00:12 PM EDT

[#12]

I could be wrong, but you might not have any leg to stand on, easement aside.

If the lake isn’t a private lake, the state owns it. I would think that if it’s connected to a navigable river, it’s public. And if I’m not mistaken, the adjoining land, up to the high water mark (or something like that) is fair game for public use, including fishing.

But what do I know? Talk to an attorney.

Posted: 5/23/2019 8:10:05 PM EDT

[#13]

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I could be wrong, but you might not have any leg to stand on, easement aside.

If the lake isn’t a private lake, the state owns it. I would think that if it’s connected to a navigable river, it’s public. And if I’m not mistaken, the adjoining land, up to the high water mark (or something like that) is fair game for public use, including fishing.

But what do I know? Talk to an attorney.

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And in some places it gets more complicated.

Things like single ownership of the entire shore come into play also.

Posted: 5/24/2019 4:10:04 PM EDT

[#14]

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And in some places it gets more complicated.

Things like single ownership of the entire shore come into play also.

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Yeah it’s a fucking mess. It’s a private lake though and our property line runs through it. The rest of the lake is on my neighbors property. Not even sure if it’s technically a lake but it’s pretty big.

Posted: 5/25/2019 12:56:28 AM EDT

[#15]

Since you have an attorney ask about the legality of installing a perimeter fence with gates at the ends of the easement so your neighbors can still use the easement. Most people hate to get out of their car to deal with opening and closing a gate, especially if it's raining or snowing, and if the tweakers have an easier way to get to their house they'll likely start using it. Fencing is usually cheaper than lawsuits also.

Posted: 5/25/2019 7:53:29 AM EDT

[#16]

Don’t forget to get a couple cows so they have to close the gates to prevent the cows from wandering off.

Posted: 5/26/2019 9:08:46 PM EDT

[#17]

Sorry it took a while but this should provide some context. This guy seriously thinks the dam is his property. I've lived here for 17 years so i know what is mine and what isn't. This idiot has been here less than a year and doesn't know shit. He asked us if we could take our fence down up front so they could fit their double wide through...

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dji1558915008917 by Frank Dernosek, on Flickr" />

Posted: 5/27/2019 9:28:57 AM EDT

[#18]

I like the idea that someone mentioned of gating off the driveway. Make sure the gates close themselves and latch. They can have a key but they will loose interest in in the easement. When they ask, tell them there is way more cars coming down that drive way then could be visiting either of you and you are worried about trespassers and crime.

Posted: 5/27/2019 9:38:10 AM EDT

[#19]

Are the folks who live in the houses closer to the road amenable to helping fix this problem?

Posted: 5/27/2019 9:48:52 AM EDT

[#20]

I think you're going to have to figure out how to play nice and come to some kind of agreement with the neighbor. That drive looks like the most natural way to access their property.

Aren't there provisions for maintaining the driveway in the easement? If they're going to misuse and damage it, they should be at least pay for part of the upkeep.

Posted: 5/27/2019 9:52:32 AM EDT

[#21]

Now that I see the pictures there's no way you'd be able to convince a court to vacate the easement. As it stands it looks like you're the only one impacted, and on an existing road.

To come in the other way they'll need to build new road, AND go right through the lakefront backyard of at least one neighbor.

You're screwed.

Posted: 5/27/2019 9:54:29 AM EDT

[#22]

Is it your only way in and out to your house? If you both suddenly lost road access due to a mishap or something, would you both loose interest in going that way?

Also, since it is a dam for a body of water, are their any local covenants or laws that regulate control or access of the property in question that you haven't considered?

Posted: 5/27/2019 10:19:17 AM EDT

[#23]

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Now that I see the pictures there's no way you'd be able to convince a court to vacate the easement. As it stands it looks like you're the only one impacted, and on an existing road.

To come in the other way they'll need to build new road, AND go right through the lakefront backyard of at least one neighbor.

You're screwed.

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Yep. Also, it looks to me like you want them to use the other easement which is no where near as convenient and would greatly impact the other house on the other side of the double wide.

I must be missing something here because I do not see your issue and it seems like you want to transfer your frustration to the other neighbor on the other side of the double wide.

Posted: 5/27/2019 10:21:23 AM EDT

[#24]

OOh, I bet your flood insurance is expensive.

Posted: 5/27/2019 1:18:50 PM EDT

[#25]

What I did in my case was put a fence on either side of the driveway the entire length of the driveway, and put a locked gate at the boundary of the property (combo lock) and had the sheriffs office give them the combo. They have to open a gate at the beginning of the driveway and at the entrance to their property (gate without a lock) , I stopped the trespass onto my property.

Posted: 5/27/2019 5:21:46 PM EDT

[#26]

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What I did in my case was put a fence on either side of the driveway the entire length of the driveway, and put a locked gate at the boundary of the property (combo lock) and had the sheriffs office give them the combo. They have to open a gate at the beginning of the driveway and at the entrance to their property (gate without a lock) , I stopped the trespass onto my property.

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Ya i don’t give a fuck if they use the driveway but I don’t wanna come home from work and see these white trash idiots on my property for anything other than ingress egress

Posted: 5/27/2019 5:34:07 PM EDT

[#27]

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Ya i don’t give a fuck if they use the driveway but I don’t wanna come home from work and see these white trash idiots on my property for anything other than ingress egress

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Then post the property "No Trespassing", followed by a certified letter making it damn clear that their easement is only for accessing their property. A gate or other clearly defined boundary marker with a "No Trespassing" and a "You are under video surveillance" signage will get the idea across.

If they really are meth heads, they don't want to invite the man into their life. The first time they violate the no trespassing sign, call the man.

Posted: 5/27/2019 5:41:32 PM EDT

[#28]

In before the tactical nuke.

Posted: 5/27/2019 5:46:45 PM EDT

[#29]

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Then post the property "No Trespassing", followed by a certified letter making it damn clear that their easement is only for accessing their property. A gate or other clearly defined boundary marker with a "No Trespassing" and a "You are under video surveillance" signage will get the idea across.

If they really are meth heads, they don't want to invite the man into their life. The first time they violate the no trespassing sign, call the man.

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Quoted:

Ya i don’t give a fuck if they use the driveway but I don’t wanna come home from work and see these white trash idiots on my property for anything other than ingress egress

Then post the property "No Trespassing", followed by a certified letter making it damn clear that their easement is only for accessing their property. A gate or other clearly defined boundary marker with a "No Trespassing" and a "You are under video surveillance" signage will get the idea across.

If they really are meth heads, they don't want to invite the man into their life. The first time they violate the no trespassing sign, call the man.

Tried the signs. They just ran them over. The thing that’s frustrating is that they think it’s their property. Sheriff can’t do anything because it’s a civil matter. They have received letters and they still do it. Guess we’ll see what happens.

Posted: 5/27/2019 5:51:43 PM EDT

[#30]

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Tried the signs. They just ran them over. The thing that’s frustrating is that they think it’s their property. Sheriff can’t do anything because it’s a civil matter. They have received letters and they still do it. Guess we’ll see what happens.

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I feel for you, and I wish I could tell you it gets better.

Posted: 5/27/2019 6:01:50 PM EDT

[#31]

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I feel for you, and I wish I could tell you it gets better.

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Tried the signs. They just ran them over. The thing that’s frustrating is that they think it’s their property. Sheriff can’t do anything because it’s a civil matter. They have received letters and they still do it. Guess we’ll see what happens.

I feel for you, and I wish I could tell you it gets better.

Thanks. It’s a situation that sounds petty unless you’ve had to deal with it.

Posted: 5/27/2019 6:14:58 PM EDT

[#32]

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Thanks. It’s a situation that sounds petty unless you’ve had to deal with it.

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Yeah -- sounds like a pretty crappy deal all the way around. I wasn't trying to be flippant with my earlier post.

Posted: 5/27/2019 6:57:48 PM EDT

[#33]

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Thanks. It’s a situation that sounds petty unless you’ve had to deal with it.

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It's not petty. Your neighbors can use the easement for ingress/egress, not for recreation, and certainly not to access the lake on your property. You have every right to be ticked off.