Neighbor Claiming Prescriptive Easement?

[In.the.Piñons]

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.

There's no recorded easement for him and he knows it.

 

[Tinhack]

There's no recorded easement for him and he knows it.

The easement must be obvious. Worn path, trail or road, etc. Also, the term of use to become a PE varies by state as well as whether the prescriptive easement transfers to the new owner. You'll have to do some research. He can't damage property or cut down trees to enhance a PE.

 

[Drstrangeglove]

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).

You have to give a key to the FD? Hell would freeze over here before that happened here.

I learned in property law that you don't have to give access to a yard. Barnyard, graveyard etc. Or and orchard. Go find a lawyer.

May have missed it, but folks should say where they are in cases like these.

 

[Tinhack]

Forgot to mention. The Constitution takes priority over State Law. The "loss" of property without due process is a violation of the 14th Amendment.

 

[In.the.Piñons]

You have to give a key to the FD? Hell would freeze over here before that happened here.

I learned in property law that you don't have to give access to a yard. Barnyard, graveyard etc. Or and orchard. Go find a lawyer.

May have missed it, but folks should say where they are in cases like these.

If the gate is across an easement, you have to give emergency services a key.

This is in Colorado BTW.

 

[2manyrocks]

I think your best option is to discuss this with a local real estate or litigation attorney in your area.

 

[In.the.Piñons]

Here's a diagram. Hope it helps, I know it's confusing.

Black = main road
Red = his block of land
Blue = my driveway
Purple = easement road that is not my property - there are properties to the right of this road that do have easement access to my drive, but the red property does not.

Green = where he exists the back of his property onto a thrid party's road to gain access to my driveway & the main road.

 

[quicksandfarmer]

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.

Does it hurt you any to let him use your driveway? If you give him written permission to use the driveway that blows out of the water any case for a prescriptive easement, the usage has to be without the permission of the owner. In your written permission make it revokable.

 

[FullMetalBucket]

So if someone is using your property for a set time without permission they basically get squatters rights? Holy crap that’s messed up.

 

[In.the.Piñons]

Does it hurt you any to let him use your driveway? If you give him written permission to use the driveway that blows out of the water any case for a prescriptive easement, the usage has to be without the permission of the owner. In your written permission make it revokable.

I told him that he could use my driveway for his secondary access, but to please call me first.

He ignored that and just does as he pleases. I've tried to make nice with him every time I see him, but it's not working.

 

[bcp]

How often does he use your driveway? At first i was thinking a couple of times every year or two.

Bruce

 

[bcp]

Oh and to make matters worse, he's also the head of our volunteer fire department,

If he continues, go to Justice Of Peace for an injunction.

The fire "chief" and the JP may be fishing buddies.

Bruce

 

[In.the.Piñons]

How often does he use your driveway? At first i was thinking a couple of times every year or two.

Bruce

I'm guessing a few times a month. But I don't know exactly, because I don't know all his vehicles.

However, tonight he decided to make a point and use his "secondary access" a few times to send me a message (we had words today about him trespassing). At least now I can identify one of his vehicles.

 

[34Willys]

He has no prescriptive, aggressive, easement rights if this is not his only access to his property, unless there is no other way due to terrain, or some other physical barrier.
We had a similar issue where we had neighbors cutting through our property to save 2 miles of dirt road.
When we purchased the property, we built 'barriers'. The dirt road was their primary access, so they had no leg to stand on.
Patrick

 

[ning]

I'm not sure that it's true that a prescriptive easement can't occur if they have an alternate method of access - I've never seen that mentioned.

As far as I know you could have fifteen legal easements and if you effectively trespass in another area consistently and obviously without any complaint by the owner for long enough, you'll soon have 16.

 

[9973720wb19]

I'd hire a local well known and experienced Real Estate attorney. You can ask that he/she "give you an opinion letter". You can do this without involving your neighbors - if they have a right or not the legal advise will guide how you react to them.

 

[paulsharvey]

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

Yes, absolutely. You might need a EarthPro account? But I'm pretty sure that's free. As far as I know, the main issue, is You will need a PC, the mobile Earth app doesn't easily have the "clock" to go to past pictures, but most areas it will scroll back to around 1992 or so, so over 30 years. The older pictures are low Def, but around the year 2000, you can ID wheel ruts and cleared paths

 

[paulsharvey]

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.

You would actually make a claim on your Title Insurance

 

[D&D]

You have to give a key to the FD? Hell would freeze over here before that happened here.

I learned in property law that you don't have to give access to a yard. Barnyard, graveyard etc. Or and orchard. Go find a lawyer.

May have missed it, but folks should say where they are in cases like these.

Two things would happen then, your emergency call goes unanswered or your gate gets driven over.

 

[Runner]

Is it possible to get a restraining order to keep someone off your property? Does someone have to physically hurt or threaten you before you can get a restraining order?