Driveway/boundry issue

[jadedone24]

What is the name of your state (only U.S. law)? Arkansas

My question is this, I own 7 acres next to a family member who owns the same amount of land (was split between us) My road to my house begins (the entrance) on my side, but vears onto their side in one area. We have never had a problem till now. They are having heavy machinary (tractors, etc) come in and out and the only way they can move the hay out is on that road. I told them I do not want them to use it. They are arguing saying that part is on their land. I am not sure what to do, or how far this is going to go, but I built the road and maintain it as well, and hate to have it torn up by others this way.

Thanks to anyone who can help me...I sure appreciate it!

 

[justalayman]

so, remove the section that veers onto their land and tell them to stay off.

 

[jadedone24]

thanks layman, i guess it really should be that simple--it would be a great deal to actually move that portion simply because the way the road curves. i dont know it may come down to me being forced to do that if it means I have to let them use it...but i just sure couldnt see that

 

[justalayman]

well, fair is fair. Why would you expect them to allow you to use part of their land for your drive yet you are not willing to return the gesture?


If they tear it up, it would be proper to expect them to repair it.

 

[jadedone24]

yes this is what happend the last time, with thier front end loader rammed the large gate that is at the entrance and never repaired or replaced it though they said they would...its ridiculous! you think yes you do for them and vice versa but sometimes this is where you get burned ha!

 

[justalayman]

then sue the people for the damages they did to your fence.