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Old 07-12-2006, 11:16 PM
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Join Date: Jul 2006
Posts: 6

Driveway easement question


What is the name of your state? KY
I have a big problem and need all the help I can get! I live on the land I grew up on. There is about 3- 3.5 acres in all. When my mother and father got a divorce, they split the land and my mother got the front half (about an acre) and my father got the back half. When my brother and I got older we were given the property. My brother owned the back part and I got the front part. When he was moving in back there he was going to put a driveway on my property so that he could get to his place, but the neighbor that lives on the back of him that has a driveway that goes right by my brother's property heard of this, he insisted that my brother use his driveway and they had no problems. My brother used this driveway for 13 years without any hassle. A year ago my brother sold his property and moved to Alabama. Before he sold it, I gave him an easement so that it would not be landlocked and so that the new neighbors would be able to get the loan. I had a guarantee from my brother, the new neighbor, and the neighbor that allowed my brother to use his driveway that there would never have to be a driveway put in. There was simply no need for all of that. Well, apparently the new neighbors had ALOT of company and they did not respect the neighbor's driveway and when he came out to ask them to slow down that sped up and flipped him off. Well after a while of this, the neighbor got a lawyer and fenced the new neighbor in, with the exception of a gate placed at the end of their driveway that connects to the neighbor's. The gate is supposed to be closed and locked some time in August and the new neighbor now has to put in a driveway all the way down my yard. O.k, here's where it gets a little complicated. The new neighbor's children have been coming down and riding their four-wheelers on my property (within the easement) and tearing up my grass. Currently there is no driveway, because the neighbor hasn't put it in yet. The kids don't go to the road- just to the middle of the easement and turn around. They do it just to provoke and taunt me, because they said that I can't do anything about it. They get off the four-wheeler andgo to the fence between me and my other neighbor and talk to them, leaving their four-wheeler in my yard. They go back and forth for most of the day until it starts to get dark. I restate that there is NO driveway in yet! I finally got out my video camera and recorded them so that I could have documentation and the kids laughed at my and taunted me and waved athe camera because they thought they could get away with all of this and I don't have a leg to stand on. Their parents even had me convinced that I no longer owned my property! I didn't realize that was a lie until I got on here and read the other files! The easement is strictly for a driveway ingress and egress. My kids play in that side of the yard on their trampoline that sets right off to the side of the easement (it has been there for two years or more, so it's not like I put it there after they informed me they were putting a driveway in) and I have two grown poodles and two puppy poodles that run around out there when they use the bathroom. The four-wheelers scare them to death and my children can't even play outside because of the kids taunting us so much. I have four children and today I stand up and state that I will no longer be a prisoner on the land I grew up on! It's bad enough that I have to let this driveway be put in! The other neighbor behind them that has the driveway that has been used for almost 14 years has a business on the land and four other residences (3 being family and 1 being a renter) that use this driveway. Doesn't that make that driveway a commercial driveway? Can he truly block the new neighbor out from using it even though it has been used for 14 years (one year of use is by the new neighbor)? What are my rights? Can these kids and new neighbor continue to torment me? They have already cut down one of the four pine trees that were my granfather's whom is now dead. They told me they had to because it was on the easement. I was not asked, but told and the tree has been there most of my life, so it's not like it wasn't there when the surveyors came out to map out the easement! I wasn't given a choice as to what kind of driveway would go in, and was told it could be two mud ruts that ran down my property that could be called their driveway and there wasn't nothing I could do about it. Is that true? Do they not have to put in gravel or something? And, like I said, they have ALOT of company- can I not limit the cars that go in and out right by my house and kids's play area? Please help me! I feel like the land I was raised on that I wanted to raise my kids on is being jerked away right before my eyes and I am helpless! As of today, after reading all of the other postings, I have decided I will no longer take this lieing down! I won't just give up! What are my rights???????What is the name of your state?
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