easement

[hickoryhill]

Six years ago we bought a parcel of land for our retirement. Two years ago, someone bought the parcel next to us. He has an easement on our parcel to get to his house. We do not have a problem with that, it is his only way in. Recently, we asked for a key to the front gate so we could get to the rear acreage and it created all kinds of problems. He is obnoxious, leaves beer cans in our drive, came over Sat. drunk and extremely threatening. Screaming, yelling, etc. My husband and I have six witnesses to his behavior.
Is there any way to revoke an easement? When he bought the land, was the R.E.Agent not obligated to tell him about the easement? He did not know it until we asked for the key and that is when the trouble started. He then went to the agent and was told yes, indeed there was an easement. We have had sleepless nights waiting for an angry drunk man to burn our home while we sleep, shoot our animals or poison them. What should we do?
Hausfrau

 

[HomeGuru]

Six years ago we bought a parcel of land for our retirement. Two years ago, someone bought the parcel next to us. He has an easement on our parcel to get to his house. We do not have a problem with that, it is his only way in. Recently, we asked for a key to the front gate so we could get to the rear acreage and it created all kinds of problems. He is obnoxious, leaves beer cans in our drive, came over Sat. drunk and extremely threatening. Screaming, yelling, etc. My husband and I have six witnesses to his behavior.
Is there any way to revoke an easement? When he bought the land, was the R.E.Agent not obligated to tell him about the easement? He did not know it until we asked for the key and that is when the trouble started. He then went to the agent and was told yes, indeed there was an easement. We have had sleepless nights waiting for an angry drunk man to burn our home while we sleep, shoot our animals or poison them. What should we do?
Hausfrau

**A: shoot him first.

 

[FarmerJ]

Was there a 2nd easement for access to the rear part of your land or was this where you just asked to be able to cross through his property to get to rear part of yours ? If there is no 2nd agreement then do all you can to make your own path on your own land to allow you to get to the rear of it . As far as the driveway is his parcel totally landlocked by other land where he has no access to the street ?

 

[hickoryhill]

No, the driveway to his house and our rear property, is on OUR property. We only want to use the driveway also, to get to our back field, which is not even once a week. It was used by both properties by previous owners, since 1989. When he found that the access to his home was on OUR 15 acres, he locked the gate so we could not get to the field. He now wants us to give up our rights to this driveway, which IS on OUR land. There is no driveway on his 20 acres.

 

[hickoryhill]

As far as access to his land and ours, we both are located on the highway. He could even build his own driveway on his land. He just wants this 40 feet that his access is on, but it belongs to us.
No one is landlocked.

 

[FarmerJ]

Is that gate on your property ? who installed the gate ? contact a local law firm and speak with a lawyer about this Perhaps a attorney could threaten to file lawsuit for a amount of money that is so large and give the neighbor a choice of options Big amount of money / permanently ending the easement agreement / a new and far more restrictive use agreement . Also if you dont know who installed the gate, will the previous owner tell you ?

 

[hickoryhill]

It is easy to find out who put up the gate and the fence. My uncle, who's daughter lives across from the gate watched the gate and fence as they were installed. My uncle who tried to tell the guy back then that he was installing it on the wrong parcel, was told to go home and mind his business. My deed tells me that I own 40 feet past the fence that divides our properties. It is on this 40 feet that the driveway sits. This guy thinks an easement means that nobody owns it. Didn't the Realtor have an obligation to tell the buyer about that easement?

 

[FarmerJ]

Talk to a lawyer like I said If you can find a way to end his use of that driveway do so That will be your best bet Be Prepared to also have a survey done and use a big rock to place on the stake it self you know you may have another new tool too since he placed the gate on your property with out consent . But talk with a lawyer . That is your best shot at getting this settled .