Shared driveway problems

[ajlevin]

What is the name of your state (only U.S. law)? Wisconsin
I live in Wisconsin and I share a driveway with a lady that has a horse ranch.
I allow her to use my driveway to get to her property. In the easement agreement it states that the driveway is to be used for personal residential use and farm equipment if necessary. Both parties are to maintain the driveway. The problems that I have with the usage of the driveway are that my neighbor uses the driveway to conduct a business. On weekends she has "equestrian events." These events include races and rodeos. The traffice on the driveway can be as few as 30 cars, but as many as two hundred+. Today, I counted 92 trucks, suvs, some cars, and at least six horse trailers. These horse trailers can be two horse up to six horse. People frequently speed up our driveway. We have posted "please drive slow" and "15 mph" signs. Sometimes people park on the driveway, waiting for friends.
There is always litter on the driveway and thrown way into the bushes on the side of the driveway. The driveway is seriously potholed. We lose our peace and quiet whenever these events occur. Also, it is very stresful.
We have called the sheriff's office several times and they claim that unless they have proof that money is being collected, or gambling, or loud music, they can do nothing. This property is not zoned for business either. Do we have grounds for a civil suit. Would we have much chance of winning?

 

[Trickster]

I share a driveway with a lady that has a horse ranch.
I allow her to use my driveway to get to her property. In the easement agreement it states that the driveway is to be used for personal residential use and farm equipment if necessary. Both parties are to maintain the driveway. The problems that I have with the usage of the driveway are that my neighbor uses the driveway to conduct a business.

You state in your post that your neighbor uses the driveway to "conduct business". If that be the case, isn't that a violation of the agreement? If so, you can sue for breach of contract. But as your sheriff said, there is no proof that money is exchanging hands and basically your neighbor is simply having "personal fun" and the definition of personal may evolve into trying to define that infallable word "reasonable". Perhaps you should write a letter advising how you feel and mail it certified mail to your neighbor and maybe you guys can work it out. Shared driveways are like anything else that is shared, A HEADACHE.

 

[FarmerJ]

Find your proofs , find the advertising , use your search engines. Scan through local horse news papers, Video record the traffic , send in third parties who will pay entry fees where they insist they must have a reciept (that is legible , when staff at group home firm I work at drive clients to events that are cash only we still have to get a reciept to show what the clients money was spent on and have no problem getting even hand written reciepts ) Have third parties go in and video record events including getting pics of the nieghbors home, where people are parking. Other question , is her property sitting adjacent to a township , county road ( public road) where she could have her own driveway ? If you can gather enough proofs then it will be easier to go to your city/ county atty and insist they put a stop to the business being run from that property and use the proofs to go to a atty and talk to the atty about suing her for damage to the easement by overburdening it, bring to the atty maps that show how her property sits especially if her land sits adjacent to a public road ( might make it easier to force her to build her own driveway) If her land sits in such a way that she is landlocked with out access over your property then perhaps as part of settlement she can buy a strip of land from you. It is unfortunate that in some rural areas enforcement of zoning rules is ignored or next to zero so its going to be up to you to gather proofs. ( does she ever board horses ? if so thats a business use to , find the ads)

 

[drewguy]

The way to succeed on this is to sue for unreasonable use of the easement. The easement's terms appear to allow only for use by her for access, not for hundreds of visitors. Consult a lawyer to obtain an injunction limiting her use to reasonable use that does not overburden the easement.

 

[ajlevin]

You tube evidence

After reading the advice from farmerj, I searched on the internet for some horse race postings. Since most of the attendants at the events are hispanic, I looked up "carrera de caballos en wisconsin" and found some youtube videos that are clearly taken at my neighbor's track. Do you think this will help my case?

 

[FarmerJ]

Yes and add it to your own recordings taken on your property showing the traffic, the more so called proofs you can bring to a atty if it comes to court , and again use your proofs when you go to the county , infact I would suggest you sit in on county board meetings and address the entire board some time about the lack of enforcement with this properties open violation of zoning rules.