• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal Driveway width and bad drivers??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smswwf

Junior Member
What is the name of your state? Wisconsin
I recently had some land seperated. I recieved the front 31.2 acres, and the co-owner recieved the 47.3 acres behind me. There is an easment running across my land to his. The easment is worded as follows
"Subject to easment for ingress and egress across the existing drive situated on the Northwest quarter of the Southwest Quarter of said Section 5, township 33 N, Range 7 west."
I thought that this would be fine, for everyone knows where the Driveway is, and it is clearly a driveway. I now find out, due to some territorial problems, that they can do pretty much anything that they wont with my land because there si no legally decribed width for their easment, and no way to say where it starts and ends. Also they have been driving rather fast downit, tearing it up, and using it as their parking lot. Last week, me and my two kids were on it after dark, doing some fence repair. I had just gotten the kids off of the driveway and into the car, when the guy who owns the land in back came flying down the drive at at least 40. If it was no more than a minute earlier, he would have hit me and my kids, for there was no was he would have seen us.
If anyone knows if there is anything that I can do, please help me out. I have spoken to the police, and they have told me that I have to work it out.
 


seniorjudge

Senior Member
I now find out, due to some territorial problems, that they can do pretty much anything that they wont with my land because there si no legally decribed width for their easment, and no way to say where it starts and ends.

Wrong. The width of the easement is the width of the existing driveway as it was on the day the easement was created by the signing of the deeds.


Also they have been driving rather fast downit, tearing it up, and using it as their parking lot. Last week, me and my two kids were on it after dark, doing some fence repair. I had just gotten the kids off of the driveway and into the car, when the guy who owns the land in back came flying down the drive at at least 40. If it was no more than a minute earlier, he would have hit me and my kids, for there was no was he would have seen us. If anyone knows if there is anything that I can do, please help me out. I have spoken to the police, and they have told me that I have to work it out.

Speed bumps. Also, they are not allowed to park on it.

Send a certified return receipt letter to everyone in that household (plus also send it by first class mail) and tell them all that in ten days you will have speed bumps installed and they are not allowed off the easement as they are driving in and out to their house.

It is your property; they can use it only for an easement to get in and out of their place.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top