Irrational Neighbors and Obstructing Driveways?

[gpokorama]

Thanks in advance for the advice on any or all (I’d appreciate any, even opinions)

Oregon

It all started when we surveyed our place and found a fence to be 5ft over the line.
2 of our neighbors are now sort of in cahoots against us always plotting evil deeds.

Our neighbors (neighbor 1) planted hedge down the property line across the gravel driveway that we have been backing across (as a turn around) for 20 years and them vice versa for 5-7 years.

To tell you the truth were happy about it because they previously also backed across our property and had very loud stereos and trucks. (Actually in violation of county sound ordinances, but we fear reporting them (after having already having talked to them several time) in fear of irrational retribution)

Anyway we want to build a fence along there now to create further privacy but wonder if the neighbor still has a right to change his mind, and decide to pull his hedge out or something and demand that we take our fence down, by saying that he has the right to come on our driveway still even though he has effectively already blocked himself from it. (It’s just the type of thing he would do)

Should we have the neighbor sign an agreement saying that he has forfeited his right to use our property, or did he ever really have any legal right to use it in the first place as he had been using it about 5-7 years without an easement?

We don't want to infringe on something like a prescriptive easement right or something.

===================
Also we drive across another neighbor's (neighbor 2) lot to access our property. We have no easement, but a lawyer said we have prescriptive use. Do you think it is legal for us to put an electric gate where the edge of our property meets the drive (us being the only ones that cross this boundary now)? Also the lawyer said that if we wanted to get a legal easement we would have to file for a quiet title, and that it would probably go to court. Do you think we should file or just keep using it hoping for the best? I mean do you think there is any possible way that they could legally stop us from using it as we have been paying for maintenance etc. on it for well over 20 yrs.

This neighbor has also posted spray painted signs that read "slow" on our shared mailbox post (that is on his property) and along the edge of the drive way (out of spite). Are there any laws against this, because the signs are a real eyesore? We were considering posting signs that said "nice" but we didn't want to get into it.

He also put a note on our mailbox telling us to move our mailbox, but the mail lady had words with him telling him that it was none of his business.

(He's mad that we moved the fence onto the property line (after we sat down and talked with him and told him that we were going to move it, and after he finally agreed to us moving it) when he openly admitted to knowing where the true property line was all along and that he intentionally built the fence on our property) He tells us this after he demanded that we foot the bill for a survey of our property to determine that in fact the fence he built is on our property. He felt that since we are using his property to drive across (as it has been from the time the original property owner subdivided) that he is entitled to fence on our property) Now the guy is turning us into the county for inspections, along with whatever else he can think of to burden us, etc. I would think we could file for harassment. That will teach us to take our property back, right?

I would appreciate any other general advice on just how to deal with what I interpret to be two very irrational neighbors.

 

[jimmler]

I can't tell from your post if you had a registered land surveyor survey the property, or if you did it yourself.

 

[HomeGuru]

Writer, you need a current survey and an attorney.

 

[brake pedal]

before you go...

Making any waves, first see an attorney. Follow his advice.

But, as a matter of tactics I would suggest that the easement to your property, should be secured first. It sounds like these two neighbors will stand together if you go against the first the second may cut off your access to your home.
I have seen this happen before; law enforcement won't intervene, as it’s a civil matter. You would have no choice but to sit it out in a motel waiting on the judge’s decision.
The second owner may not be able to stop you from accessing your property, legally. He could also be responsible for damages if his does. But that doesn't mean he won't do it.

 

[HomeGuru]

So writer, what is the status after reviewing the 3 responses to your thread?

 

[gpokorama]

Thanks for the responses.

We haven't done anything yet. It all costs so much money to try to fight for your rights.

The neighbors hedge are across the turn around part of the drive and we like it that way. We still plan to fence and gate our property eventually to keep this guy off it, but have to wait to be stable enough to afford to get a lawyer to pursue our rights.

We do have a current expensive survey as we are fighting to subdivide the land all around these neighbors. If we just had a legal easement in writing we would be set, without it, it seems like the neighbor has some sort of control over us in that we could somehow loose our perscriptive easement rights, and he is trying to make this happen.

Waiting for this guy to die.

He even pulled the screws out of our newspaper box.

They guy comes onto our place and opens our 4" water line and floods our drive with water saying he's flushing the water line, all the time without asking.

I mean his wife takes her dogs across our property through our woods every day on a walk (they think we don't know) but I video taped her as she walked past our no trespassing signs. Only because they are being such jerks and for evidence. We had a lawyer formally send them a letter requesting that any contact they are to have with us is to go through the lawyers office and they are to stay off our property as his behavior was previously interpreted as hostile when he threatened us earlier this year. Yet they still terespass and let their dogs crap on us. The lawyer didn't really seem to think it was really worth pursueing unless they mess up bigger. We just need to put a fence around all 10 acers I guess. we really didn't care if they walked across it before, but they are just being complete a-holes these last few years, so why allow them the privlage, when they threaten to block your drive, turn us into the county and govt for everything etc. etc.

Anyway were just trying not to get crapped on by staying quiet, but I doubt that this tactic will work. The last thing we want is to be at the court house.

 

[jimmler]

I am glad that you had a boundary survey done, although it may seem expensive, a lot of research goes into a survey that you don't even see.

As for the driveways without easements, you really need to resolve this with your attorney. This seems like a very complex situation.

 

[HomeGuru]

Yes, I agree.