What is the name of your state?
Michigan
Our property was purchased three years ago. It has a shared easement , with our neighbor, to access the lake. The recorded easement states each property has a 5’ easement to each side of the boundary. The problem is either to erosion or the drive never being cut properly, there is not 5’ cut on our neighbors side. We have stated to the neighbor the use according to the easement states we each have 5’. Our neighbor told us to use the drive however we want, he did not need it as he had another access. The neighbor has used the drive about three times, two of those causing damage he did not repair.
Recently we had a contractor use the drive to do work on our beach. His machine got stuck in the water and he had to have a larger excavator pull him out. He destroyed the driveway, did not finish the job and left us a mess. After many failed attempts in writing and by text he would not return our calls, texts or respond to a certified letter. We hired another contractor who came 4 weeks after the initial damage to finish the first contractors work and repair the driveway. Not five minutes after drive was finished, our neighbor with the 5’ easement took his 11’ wide excavator down the driveway, dug out the bottom of the drive and placed highway bin blocks on the beach and at the base of the drive, blocking the easement. Then the neighbor came over and said “How do you like the driveway now?” The police were contacted and stated it was a civil matter and we would have to have a survey to pursue this matter in court. We are have ordered and are awaiting a survey The survey markers are there now and visible, we need need the markers confirmed.
To make matters worse, our house was on the market when the first contractor damaged the property so we took it off the market because of the damage. We had potential buyers waiting to come back for a second look once the damage was repaired, then our neighbor destroyed the driveway as soon as it was fixed. We don’t have access to equipment to fix the drive and property without hiring another contractor.We also don’t want to pay again to have the damage repaired only to see the neighbor do the same thing again.
The easement also states each owner will share in the maintenance and keep the driveway in the same condition it was originally. The problem is due to high water levels and erosion the drive keeps getting washed out. The easement states it is 110’ from the shoreline going up the drive. The drive now keeps extending upward into our properties. We want to end the easement, but the neighbor refuses. We agreed to share the cost to fix the easement. We still want our neighbor to be responsible for what he did to our property and the emotional distress he has caused, not to mention the possible loss of a sale of our home. It has been over four weeks since he caused the damage and we have had to look at his damage every day since then. I am 100% disabled and suffer from depression. This has caused extreme anxiety and depression. Our cost to repair the property again will likely be around $2500-$3500. How do we recover this cost and also stop the neighbor from damaging our property again? We have already spent over $5000. The loss of the sale of our home and the emotional distress our neighbor has caused is way beyond the $5000.
Can someone please advise the least expensive and best way to pursue this matter?
