Easement

[onthewildedge]

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

Hello. I am new to the forums here. I have a question regarding an easement on my property. My wife and I purchased a home about 3 years ago. We were told that the driveway was a common driveway with the house next door. To make a long story short and get to the point, the house next door is a double rental. Being ignorant first time home buyers with no guidance we didn't realize the issues that were to come. After years of arguing and fighting with the neighbors and landlord, I decided to go to the courthouse and pull the past deeds to find the original easement. It was placed in 1905 when the owner of my property sold the parcel next door for the house there to be built. (My house is the house to the south).The easement is worded: An easement of 2 foot to the north of the property owned by ___ and an easement of 2 foot to the south of the property owned by ___, shall be set forth for use as a common access for both properties.

Now, I imagine cars were a different width or horses and buggies were in play here as 4 feet is an awfully skinny driveway. Regardless, through the years both houses and their owners have added gravel and added more gravel to the tune of a 32 foot swath of gravel between the houses. Having enough of the constant traffic from the neighbors we had survey done and easement clearly marked. The landlord was contacted and told of the facts about the original easement being only 4 feet and that her tenants are no to drive on my driveway nor block the easement. Nothing has changed. The upstairs tenants park their cars right in the middle of their driveway, forcing the downstairs tenants to drive completely on my driveway. Also, they own a small handyman business and the husband is in and out of the driveway at least 5-10 times per day. Their are an unbelievable amount of other issues wit the neighbors, but what I want to know is does this easement mean that only 2 feet off the property line is the only area that they have access to and can I legally plant, fence or park on my land provided I do not block that 2 feet.

Thank you and sorry this is so long

 

[NC Aggie]

Sounds like an interesting dilemma. Well first things first...it would appear based on the date and size of easement that the original easement was probablly intended for "foot traffic". Now there is such a thing as "implied" easement and the argument by the other property owner may be that the boundaries of this easement have been extended and implied over an extended period of time that a court may accept the easement as being wider than the 4 feet it was originally set as. In either case, his tenants are violating the easement rights by parking within the easement. I would advise that you try to resolve the issue with the landlord amicably. One solution may be that the both of you extinguish your easement rights to the other's property and create some type of defined median in between the driveways.

 

[onthewildedge]

Thanks for replying NC Aggie. I have heard of "implied easement" and I am afraid that the landlord would try something like that since if they had to maintain their own driveway, she would incur a great cost of making a parking area in the back of the house since one does not exist now thus the reason for the upstairs tenants parking on their side in the middle of the driveway.

I have talked to the landlord and actually asked to have the easements removed voluntarily but a resounding "no" was all I received from her. We are at wits end because while we can deal with a normal common driveway, this one results in two sets of neighbors coming and going at all hours of the day and night. Downstairs are in the late 50's and going all day and upstairs are in their early 20's and coming and going all night. Not to mention the constant car doors banging, guests for both down and up using the driveway as well and the trespassing by pets. I have also spoken to the landlord about ALL the issues and her response was, "I really don't have that much control over the tenants, if anything they are inconsiderate". Which to me translates to a big "I really don't care as long as they pay the rent".

 

[NC Aggie]

I recommend you contact your city/town planning department or code enforcement department if your property is within the city limits. There may be a ordinance on the books that require multifamily properties to provide offstreet parking for residents.

 

[onthewildedge]

Unfortunately there are no rules governing this type of housing. I live in small town America. It's very rural, even though it is a village, it still has very few laws regarding rentals and the ones it does have a not enforced. I just don't want to spend $5-10K in litigation over a driveway.

 

[drewguy]

Sounds like the problem is between the two renters in the other house. If your side of the driveway, net of the 2 foot easement, is wide enough for you, why not buy some large rocks from a local quarry and have them located every 10 feet or so along the easement line. That will prevent the neighbors from using your property as their driveway. They can sort out their own parking/blocking problems. But the fact that they use their cars a lot really isn't a legal issue--they can drive in and out on their property.

 

[154NH773]

Everything you have said about the tenants conduct is immaterial except that they are blocking your access or encroaching over the two foot limit of the easement.
Unfortunately, you may have to go to court to enforce the original terms of the easement, and the court may very well grant them an implied easement for vehicle traffic, based on historical use.
Even if the court grants vehicle use, it will most likely set reasonable restrictions on that use, if you ask for them.

 

[onthewildedge]

@drewguy - My side is definitely wide enough for my vehicles to be lined down the entire length without parking on the two feet, forcing them onto their side. We even considered a 4 foot fence but the concern is spending the money on something then having to spend even more money to remove that "something" if in fact I get sued and it turns out there actually is the "implied easement".

@154NH773 - I was only mentioning the problems with the neighbors to show why I am so adamant about things. I realize I have absolutely no control over their actions other than to contact the local police department if things get out of control. Ignorance unfortunately is not a crime, if it was the neighbors would be serving a life sentence. I am beginning to believe court is going to be the only way to resolve this. I just hate to spend that kind of money to prove that something I own is actually mine.

 

[154NH773]

Actually, drew has probably given the best advice. Block their access to YOUR property (outside the limits of the easement), and let them decide whether they want to spend the money to take YOU to court.

 

[drewguy]

Actually, drew has probably given the best advice. Block their access to YOUR property (outside the limits of the easement), and let them decide whether they want to spend the money to take YOU to court.

And my thinking is that the landlord doesn't care either way and the tenants don't seem likely to sue (and they may not even have the right to sue and would have to convince the landlord to sue for an implied easement).

 

[onthewildedge]

That makes a lot of sense. I think that might definitely be the way to go. I am planning on being out of this house in about 2-3 years anyway. It was a fixer upper that we got at a great price and when the market rebounds it's going back on it. I think parking my cars down my side of the driveway instead of at the back of the house might very well solve the problem and set up some much needed boundaries. I can even put the boat and trailer at the very end to take up a bit more room even.