question regarding deed holders rights and easements

[wdw8675309]

mighigan
We are deed holders on a piece of property that we included an
easement for our neighbor. Our neighbor currently has access
to all of his property through the land that his house is located on. We included the easement in the event that he decided to build on or sell his back arces.

We have just finished a drive through our property to reach our
back arces which we are building on. Our neighbor now is
"strongly urging" us to pave this drive since he feels it will throw
gravel onto his property. His property is located over 40 feet
from our drive. He also is trying to force a legal split of the
property that includes the easement so he can construct his
own drive to reach his back acres even though at this time he
has no construction or resale plans. We feel the drive we just
placed through the property serves as access to his acres also
and do not wish to place another drive on our property at this
time. He has been staking off our property and telling our
contractors it belongs to him and has even asked a local firm to dump fill dirt on our property.

My questions are as deed holders do we have the legal right to
1) refuse a legal split of the property? (If this would be done the
new drive would extend approximately one foot into what our
neighbor would like to obtain of our property and given his current state I feel he would probably make us remove our
drive)
2) as deed holders do have the right to refuse the construction
of a new drive on our property since the easement is being
meet with our newly constructed drive. (the new drive does
provide access to his back acres also)
3) do we also have the right to decide where on our property
a new drive will be constructed if he chooses to build on
or sell his back acres. (We would want some distance from
our drive but our neighbor does not want to cut down some
pine trees that are on our land that block the snow from his
home's driveway.)

Help my neighbor is being a territorial pain in the butt!!!
And it is our property!!!

 

[HomeGuru]

1. yes
2. yes
3. no, since the easement is recorded already unless both parties agree.

 

[wdw8675309]

Do I understand your last answer correctly.

Do we have any control as property owners where a new drive
can be placed on our property? I feel as long as the terms of
the easement our being meet we should be able to have a
voice in the placement of a drive on our property.

Also once the drive is in place does our neighbor have the
right to claim any of my other property between the new
drive and his property?

 

[HomeGuru]

I apologize as my response was unclear. I meant to say respect to #3 that no, he can't decide where to build the easement on since he is not the landpwner.

Once the easement is granted, the neighbor cannot take property away from you.
If you do make a new easement agreement be sure to state that the property in question belongs to you
and that there will be no adverse possesion claim.