C
CHERI KAINZ
Guest
What is the name of your state? Wisconsin
We want to purchase a piece of land that has a recorded access easement to a recycling company that no longer exists. The neighbor got this easement to be recorded for his "personal use". He has since threatened us face to face as well as other potential buyers for the last 3 years, stating that this is his land & he has the right to "use" the private road that leads to the old section of the property and created a thoroughfare to his own property. The township, county & the fire dept. required this neighbor to put in a "driveway" entrance from the road where he was granted a driveway & was not to use this road (access) as his driveway or legal mailing address.
The easement does not state that this man has "vehicular" access. It does not state what type of access is granted. However, he told us he uses it as a driveway even though he was told not to.
Nor does it state that we (as the new property owners) or the old property owner) must maintain a road or access thereto.
The county is requiring us to "move" our entrance approx. 20 feet to the west because of an intersection that now exists at the current driveway/road that leads to the property. The township is requiring us to do the same & we are limited on what/where this can be done because of the township restrictions regarding tillable land.
My questions/concerns are as follows:
We are rewuired to reclaim any part of the existing driveway/road by the township. Meaning we must seed it at the end of where we put our new driveway. The neighbor who has the easment is demanding that we are required to leave him vehicular access & threatened us with 3 rottweillers if we didn't.
Are we required to do so?
What if he or his family/friend are injured on any part of the easement, are we legally responsible?
What if our family/friends are injured by this neighbor who has made it clear that he will continue to drive thru our property, is he legally responsible?
We have animals & disabled children that I take care of who will run & have the right to do so across our driveway.
What if we are parked in our driveway & he drives on our grass to get around us when he has a "legal" driveway to use?
Do we have the right to seed or gate the end of our driveway & deny him vehicular access?
Please help before we close on this property.
We want to purchase a piece of land that has a recorded access easement to a recycling company that no longer exists. The neighbor got this easement to be recorded for his "personal use". He has since threatened us face to face as well as other potential buyers for the last 3 years, stating that this is his land & he has the right to "use" the private road that leads to the old section of the property and created a thoroughfare to his own property. The township, county & the fire dept. required this neighbor to put in a "driveway" entrance from the road where he was granted a driveway & was not to use this road (access) as his driveway or legal mailing address.
The easement does not state that this man has "vehicular" access. It does not state what type of access is granted. However, he told us he uses it as a driveway even though he was told not to.
Nor does it state that we (as the new property owners) or the old property owner) must maintain a road or access thereto.
The county is requiring us to "move" our entrance approx. 20 feet to the west because of an intersection that now exists at the current driveway/road that leads to the property. The township is requiring us to do the same & we are limited on what/where this can be done because of the township restrictions regarding tillable land.
My questions/concerns are as follows:
We are rewuired to reclaim any part of the existing driveway/road by the township. Meaning we must seed it at the end of where we put our new driveway. The neighbor who has the easment is demanding that we are required to leave him vehicular access & threatened us with 3 rottweillers if we didn't.
Are we required to do so?
What if he or his family/friend are injured on any part of the easement, are we legally responsible?
What if our family/friends are injured by this neighbor who has made it clear that he will continue to drive thru our property, is he legally responsible?
We have animals & disabled children that I take care of who will run & have the right to do so across our driveway.
What if we are parked in our driveway & he drives on our grass to get around us when he has a "legal" driveway to use?
Do we have the right to seed or gate the end of our driveway & deny him vehicular access?
Please help before we close on this property.