Right of Way Easement

[MaggieB]

I have vacation property in the New Hampshire mountains and my deed gives a right of way easement from the roadway over my property to my neighbor to access her landlocked parcel. Without my knowledge or consent she cut a driveway-- not from the roadway (as specified in the deed) instead she came 250 feet down my private driveway and then cut her driveway 50 feet behind my house. I have objected to her intrusion and have politely insisted she cut a new driveway from the roadway and that it stay within 50 feet of my northern property line. She won't agree and is insisting on the location she already cut. Her parcel is completely wooded and has no clearing or utilities so the driveway has not been in use but she has come back to maintain it for four years. I think she is trying to establish adverse possession. I don't want her sharing my private driveway and intruding on my privacy and the intrusive driveway cuts off more than a half acre of my usable land. Don't I have a right to know when trees are cut on my property (and to be compensated for the lumber) and shouldn't I be consulted about where the easement is located? What are my rights? How should I handle this?

 

[HomeGuru]

You are correct so hire an attorney and file litigation.

 

[MaggieB]

I consulted a lawyer who told me I could use "self help" and chain off my driveway and barricade and replant her intrusive driveway-- which I did. She has recently taken down my chains with "no trespassing" signs and moved my huge boulders and also dug up $1200 worth of trees that I had professionally planted and just threw them into the woods(!!). I live in New York city and I cannot be up there to guard my property. The lawyer told me it would cost me tens of thousands of dollars to sue and that it would be a crap-shoot because the judges up there don't even know the law. I think the reason she chose to use my driveway is so that she would only have to cut a 200 foot driveway to reach her property versus having to cut a 350 foot driveway if she had started at the roadway-- almost twice as long! Or else she is intent on being intrusive in order to disturb my peace of mind-- she is extremely hostile. I am at the point of offering to split the cost of the new driveway location (up to $5000) just to get her off my back. I want to be sure she agrees to my offer so this doesn't drag on forever. What are my rights? How should I handle this? I do not want to sue.

 

[HomeGuru]

My response still stands.
Good luck to you.

 

[MaggieB]

Thank you very very much for your helpful responses.

Last year I looked into filing suit but learned that there is a 3 year statute of limitation in New Hampshire on claims of "timber trespass". I was also told the courts hardly ever award legal fees-- so what will I get for the $10,000 - $20,000 legal action I undertake if I am unable to recover damages? Is this the only way for me to obtain an easement agreement? Isn't there a "rule book" on proper procedures for dealing with easements? My neighbor violated the town ordinance but the town says that it is a civil matter because it didn't involve the town roadway-- just our property. Isn't it a crime to dig up my $1200 of newly planted trees? How can I find out what my rights are so that I can negotiate an agreement with my neighbor?

 

[dezul]

You should have a couple tons of stone brought in. You can get boulders brought in and they are somewhat hard to remove. They are expensive but there is an alternative, 10 or so yards or gravel in piles. Then just sit there and stare at them when they try to pull into their driveway.

 

[MaggieB]

Thanks Dezul. I have piled a lot of rocks in the road again but I am now considering ADR. Alternative Dispute Resolution. I feel I have to put this behind me a.s.a.p. so I can enjoy a much needed peaceful retreat from NYC. I don't want this to turn into a war. So if ADR doesn't work I will take your advice next. Actually my lawyer suggested that as soon as they start coming in with trucks to build something (her land is still dense woods) that I should then hire a back-hoe to dig a huge ditch. I just hope it doesn't come to that...

 

[dezul]

I'm sorry, I really wish I had more advice for you. I honestly don't know what I would do in your position.

What about finding a contractor, get their input. They usually have delt with these types of people before and possibly situations sililar to this one. Also offfer to hire them to do the work they suggest if you believe the idea they come up with is satisfactory.

Good Luck.