What is the name of your state (only U.S. law)? Pennsylvania
I have lived at my house for four years. The house that I currently own and the neighbor's house used to be all one property and was subdivided when my current house was put up for sale.
When I purchased my house, I was granted easement rights for the portion of the driveway that lies over my neighbor's property. The portion of the driveway in the easement is about 10' wide x 100' long, and it narrows as it nears the exit of the driveway. The driveway stops at my one-car detached garage.
Recently, new neighbors purchased the neighbor's house, and we have been having disagreements over my easement rights. She has gone so far as to place cinder blocks down the property line (in the middle of my driveway). A letter from an attorney got those moved a week later, but now she has decided she wants to use the portion of my driveway on the easement for parking her vehicles. This only began after our recent dispute. She also threatened to start parking her school bus on that section as well, which would cause increased wear and tear on the asphalt driveway which I am responsible for maintaining.
My deed states "Together with the right to use a portion of a driveway as it exists on other property of Grantor adjacent to the property herein described. Grantee shall be solely responsible for maintenance of the driveway." There is no other elaboration to the easement such as measurements, bearings, etc.
This differs from what the survey in the subdivision deed calls out. The easement is called out as "PROPOSED easement for ingrees, egress, regress and driveway maintenance"
Which would hold precedence, my deed or the survey from the subdivision? Does the inclusion of the word "Proposed" in the survey give more leverage to my property deed?
With the old neighbor, we used the easement for a variety of uses, such as parking, placement of a Bagster for a few weeks, a place to unload stone, mulch, etc. She never once complained about us using it for almost four years. The new neighbor insists it is only for ingress, egress, and regress and she can park on it with her personal vehicles and school bus if she pleases.
The attorney I consulted said the deed language would likely control, and that if my neighbor inhibits my use of the driveway, to politely ask her to stop. Normally, this would be my solution, but these are not reasonable people. She has turned this into a full time game the past few days. Any time we are coming and going in the driveway, there she is, staring at us. For the past few months she has done what she can to make us feel uncomfortable being in our own backyard. We feel she is trying to push us out and to sell the house for various reasons that I will not get into here.
What is my next course of action?
I have lived at my house for four years. The house that I currently own and the neighbor's house used to be all one property and was subdivided when my current house was put up for sale.
When I purchased my house, I was granted easement rights for the portion of the driveway that lies over my neighbor's property. The portion of the driveway in the easement is about 10' wide x 100' long, and it narrows as it nears the exit of the driveway. The driveway stops at my one-car detached garage.
Recently, new neighbors purchased the neighbor's house, and we have been having disagreements over my easement rights. She has gone so far as to place cinder blocks down the property line (in the middle of my driveway). A letter from an attorney got those moved a week later, but now she has decided she wants to use the portion of my driveway on the easement for parking her vehicles. This only began after our recent dispute. She also threatened to start parking her school bus on that section as well, which would cause increased wear and tear on the asphalt driveway which I am responsible for maintaining.
My deed states "Together with the right to use a portion of a driveway as it exists on other property of Grantor adjacent to the property herein described. Grantee shall be solely responsible for maintenance of the driveway." There is no other elaboration to the easement such as measurements, bearings, etc.
This differs from what the survey in the subdivision deed calls out. The easement is called out as "PROPOSED easement for ingrees, egress, regress and driveway maintenance"
Which would hold precedence, my deed or the survey from the subdivision? Does the inclusion of the word "Proposed" in the survey give more leverage to my property deed?
With the old neighbor, we used the easement for a variety of uses, such as parking, placement of a Bagster for a few weeks, a place to unload stone, mulch, etc. She never once complained about us using it for almost four years. The new neighbor insists it is only for ingress, egress, and regress and she can park on it with her personal vehicles and school bus if she pleases.
The attorney I consulted said the deed language would likely control, and that if my neighbor inhibits my use of the driveway, to politely ask her to stop. Normally, this would be my solution, but these are not reasonable people. She has turned this into a full time game the past few days. Any time we are coming and going in the driveway, there she is, staring at us. For the past few months she has done what she can to make us feel uncomfortable being in our own backyard. We feel she is trying to push us out and to sell the house for various reasons that I will not get into here.
What is my next course of action?
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