Ohio Ingress/Egress question

[linkovet]

What is the name of your state? Ohio

We have a 50 foot ingress/egress easement that runs through the middle of our property to allow the 3 neighbors behind us to access their property. The existing drive is about 15 feet wide and gravel covered. The drive is constatly getting potholes (we are in a low lying area with a creek and a lot of drainage). When this happens our neighbors and their guests are driving through our grass and making a huge mess! We have asked them to stop and they are giving us a lot of problems stating they dont have to stay on the drive they have 50 feet to drive on. The drive is technically in the wrong place. It is really not where the easement is according to the legal description of the property.

Also, the neighbors are expecting us to pay for the repair of the potholes which we did the first few years, but have since stopped because 1. they just come back and 2. when they are fixed people go way to fast down the drive through our yard and we have small children (one that is visually impared) and pets.

I would like to install something down the side of the drive to keep them off the grass and also speed bumps to protect our children and lifestyle.

Sorry this is so long and rambling, but I appreciate any all advice!

 

[jpathfynder]

Most often, the easement holder is required to pay (their proportionate share) for the improvements and maintenance. If you both use this driveway you split the cost, if they use it and you don't, they pay all the costs.

 

[jpathfynder]

stating they dont have to stay on the drive they have 50 feet to drive on.

They are more than likely wrong, as long as a reasonable portion of the 50 foot easement provides a driveway, they aren't entitle to drive on all 50 feet. As the land owner you can put up fences along the driveway and speedbumps, and you may even be able to bill them for it.

The drive is technically in the wrong place. It is really not where the easement is according to the legal description of the property

You may want to get a stake survey done, and get the driveway moved onto the easement. If they use the wrong area too long they may be entitled to a prescriptive easement, in addition to the recorded easement.

 

[jac4565]

From my research of easements like these I have found that you probably would not be able to put a fence up along the driveway if it's within the 50 ft easement area, it is 50 ft so that 2 cars could pass while coming in and out of the properties if needed and a fence would obstruct the easement, which you cannot do. You can't have a permenant structure on the easement. I'm afraid if you went through the expense of putting a fence up they could take you to civil court to have it taken down. You might be better off paving the part of the easement that boarders your property and have speed bumps put in to slow them down.
I do agree that you should find out where the easement/drive is supposed to be and have it move to the right spot because like the other guy said, after so many years (each state varies) they could claim a prescriptive easement.

 

[Ozark_Sophist]

They are more than likely wrong, as long as a reasonable portion of the 50 foot easement provides a driveway, they aren't entitle to drive on all 50 feet. .

Depends on the easement language. A neighbor tried to restrict our easement to one lane, but the deed language says we are entitled to "all that part" of land described for ingress/egress.