Neighbor Abusing/Damaging Easement

[3IrishBoys]

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

We own a home that has a private road easement through our property. It services one neighbor, who is landlocked behind us. He habitually (almost daily) drives completely off the paved roadway, into the grass easement that we seeded, mow, and maintain that runs along our front yard. The easement is 66ft which is very generous. He also will park his car at the end of the private road, and refuses to move his car when we drive up behind him to leave. Every time we end up having to finally get out of our vehicles to ask him to move, and he immediately begins accusing us of watching and waiting for him to drive by so he has to move for us. I consider these behaviors to be harassing and trying to intimidate us. The deed states his right of way is for ingress/egress only. What, if anything, legal can we do to prevent him from damaging the easement and the intentional abuse of the easement? Do we have any legal recourse at this time?

 

[Zigner]

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

We own a home that has a private road easement through our property. It services one neighbor, who is landlocked behind us. He habitually (almost daily) drives completely off the paved roadway, into the grass easement that we seeded, mow, and maintain that runs along our front yard. The easement is 66" which is very generous. He also will park his car at the end of the private road, and refuses to move his car when we drive up behind him to leave. Every time we end up having to finally get out of our vehicles to ask him to move, and he immediately begins accusing us of watching and waiting for him to drive by so he has to move for us. I consider these behaviors to be harassing and trying to intimidate us. The deed states his right of way is for ingress/egress only. What, if anything, legal can we do to prevent him from damaging the easement and the intentional abuse of the easement? Do we have any legal recourse at this time?

He has the right to drive on the easement. It could be argued that your landscaping is impinging on his right to use the easement. If the easement is 66' (not inches) wide, then how can you not be able to go around?

 

[3IrishBoys]

He has the right to drive on the easement. It could be argued that your landscaping is impinging on his right to use the easement. If the easement is 66' (not inches) wide, then how can you not be able to go around?

How is grass impinging? There is no other "landscaping". He sits at the end of the road which meets the county road and is bordered by a ditch, culvert and mailboxes. The only way out is by staying on the roadway. Going around at that intersection is not an option. If he damages the easement, i.e. causing large ruts, is he liable for repairing it?

 

[LdiJ]

How is grass impinging? There is no other "landscaping". He sits at the end of the road which meets the county road and is bordered by a ditch, culvert and mailboxes. The only way out is by staying on the roadway. Going around at that intersection is not an option. If he damages the easement, i.e. causing large ruts, is he liable for repairing it?

Is there any particular reason that you are aware of why he does that? Is he waiting for a school bus or the mail to arrive or something like that? You first need to figure out if there is some valid reason for him to sit there like that. If there is, then a different approach would be needed if than if there was not.

 

[154NH773]

You are "impinging" on the easement by planting grass within the easement and then expecting him not to utilize the entire width of the easement, which is his right.
The drivable roadway is too narrow if you are unable to pass. The easement is wide enough to accommodate passing. If there are impediments to passing, you should move them and widen the roadway.
Who should share in improving the roadway depends on easement language, or reasonable determination by a court.
From your tone, it "seems" like you may not understand how an easement works, and what each party's rights are. Step back and listen to advice, or talk to a local lawyer.