Easement use/damage by neighbor

[ConfusedCitizen]

easement access

Again , all I want is a definition of these terms... I have NO problem with the neighbors coming and going on this property, but why do THEY have a right to park two or three cars on the driveway that I pay taxes for and maintain, while I can't even leave my own car there long enough to unload groceries ??? Why am I required to park up to a blocck and a half away while they are parkiing at their doorstep ? As I understand, these rights may be withdrawn upon change of ownership of a house and my next move is to research this ... I'm not an unreasonable person, I would not complain about their parking if not for the fact that they seldom move a car all week, until 10 minutes after they've noticed that MY car is in the driveway.
I've consulted two different attorneys in regard to this so far, and basically it seems that the term " OWNER " doesn't amount to a hill of beans here in Pennsylvania, just like so many other laws in this state, the Puritains set up the blue laws, and PA has not bothered to bring them up to date ...
I think PA should change it's state motto to " 200 years of Tradition , unhampered by Progress " .

 

[HomeGuru]

Re: easement access

Again , all I want is a definition of these terms... I have NO problem with the neighbors coming and going on this property, but why do THEY have a right to park two or three cars on the driveway that I pay taxes for and maintain, while I can't even leave my own car there long enough to unload groceries ??? Why am I required to park up to a blocck and a half away while they are parkiing at their doorstep ? As I understand, these rights may be withdrawn upon change of ownership of a house and my next move is to research this ... I'm not an unreasonable person, I would not complain about their parking if not for the fact that they seldom move a car all week, until 10 minutes after they've noticed that MY car is in the driveway.
I've consulted two different attorneys in regard to this so far, and basically it seems that the term " OWNER " doesn't amount to a hill of beans here in Pennsylvania, just like so many other laws in this state, the Puritains set up the blue laws, and PA has not bothered to bring them up to date ...
I think PA should change it's state motto to " 200 years of Tradition , unhampered by Progress " .

**A: please start your own thread.

 

[NancDan]

Possible court case concerning easement

Washington State

Per previous thread on the site from last year, our driveway has been in existence for over 13 years (we cut down a tree to try to mollify this guy over a year ago that can prove this), we bought the property two years ago, the neighbor in back must pass through our property for ingress/egress/utilities. He has ample clearance for passage. If I am correct, the passage of time means that the property/drive is grandfathered. We constructed a fence across an opening in our back yard which is four feet to the inside of the established back yard and tree line, as we have had numerous issues of suspected theivery, and other issues as well as cutting back of bushes etc. from this neighbor. we received a letter from the neighbor's attorney to ours, stating thus:
"i have had the opportunity to relate our recent telephone conversations regarding mediation with my client. In principle, we are willing to submit the disputes we have discussed to mediation. we need to know what the specific factual allegations are, and not just general statements or complaints. second, the fence must be removed from the easement. as i stated to you earlier, we are not willing to negotiate the issue of the fence on the easement, and if the _____'s are unwilling to remove it prior to mediation, there will be no mediation. we are unwilling to be drawn into what could be a potentially protracted mediation process which may very well be only a pretext on the part of the ___'s to draw out the issue of the removal of that fence. therefore, if the ____'a will not remove that fence they can expect litigation and there will be no mediation of any other issues. I would appreciate your response to this letter no later than the 21st of July." (end of letter)
would appreciate a learned individual interpreting this letter.
we have not had the means to initiate a court case against this person, so have tried turning the other cheek on a regular basis, and waited. Also, if this ends up in court, could we be responsible for the neighbor's attorney & court costs should he win, or if we do, can we get our costs back from him?
Thank you,

 

[HomeGuru]

Re: Possible court case concerning easement

Washington State

Per previous thread on the site from last year, our driveway has been in existence for over 13 years (we cut down a tree to try to mollify this guy over a year ago that can prove this), we bought the property two years ago, the neighbor in back must pass through our property for ingress/egress/utilities. He has ample clearance for passage. If I am correct, the passage of time means that the property/drive is grandfathered. We constructed a fence across an opening in our back yard which is four feet to the inside of the established back yard and tree line, as we have had numerous issues of suspected theivery, and other issues as well as cutting back of bushes etc. from this neighbor. we received a letter from the neighbor's attorney to ours, stating thus:
"i have had the opportunity to relate our recent telephone conversations regarding mediation with my client. In principle, we are willing to submit the disputes we have discussed to mediation. we need to know what the specific factual allegations are, and not just general statements or complaints. second, the fence must be removed from the easement. as i stated to you earlier, we are not willing to negotiate the issue of the fence on the easement, and if the _____'s are unwilling to remove it prior to mediation, there will be no mediation. we are unwilling to be drawn into what could be a potentially protracted mediation process which may very well be only a pretext on the part of the ___'s to draw out the issue of the removal of that fence. therefore, if the ____'a will not remove that fence they can expect litigation and there will be no mediation of any other issues. I would appreciate your response to this letter no later than the 21st of July." (end of letter)
would appreciate a learned individual interpreting this letter.
we have not had the means to initiate a court case against this person, so have tried turning the other cheek on a regular basis, and waited. Also, if this ends up in court, could we be responsible for the neighbor's attorney & court costs should he win, or if we do, can we get our costs back from him?
Thank you,

**A: at this point, you need to consult with a local attorney and your isues are to specific to respond to over the internet,