easement and bank owned

[memkards]

What is the name of your state? Maine

 

[memkards]

What is the name of your State... MAINE

40 yrs ago, I made an old driveway workable again and ever since have been the only one putting money into it.
I have an easement as in egress ( a very old easement )and the neighbor after 4 owners, does not live there anymore, since the bank took it over.
The last 2 ( owners ) used this driveway with big wood trucks a few times, and had their ( same guy ) friend use it for his atvs and horses ( manure , which I have to remove so I can drive on it ) with small car.
This friend owns property next to the ( now ) bank owned property, which does NOT abut mine, nor the driveway.

I called him and asked him to at least stop the horses. I own 8 acres , they both own over 100 acres, next to each other, but he was kind enough to hang up on me, and came next day to remove my posted signs etc, and moved things so he can drive his atv and again have horses ride the driveway.

I just found out, that the neighbor, ( servient )which I have the easement with { and it is the only way to get to my house , so I am dominant, I guess ) lost his property to the bank,
The house is empty and there is a for sale sign
However the friend, whose property does NOT abut mine, nor the driveway, keeps using it for his atv and horses.

I would appreciate some advice as to my recourse.

Can I stop him from using my driveway? and if so how would I go about that?

Is there a way to own the driveway, which would not have been a driveway, had I not put my money into it all these years. ?

I very much appreciate the advice on what to do,
I am now a 71 yr old woman on SS and am tired of fighting and shoveling manure and putting more money into a driveway that others use also.
Thank you for an answer.
Mary

PS: this is in Maine.

 

[HRZ]

THe easement runs with the land not the owner ...you are required to honor whatever it says in that easement ...unless you extinguish it by buying the dominant property as well or buying its surrender fro the owner of the dominate property .

ONe needs more details about the friend with no abutting property....unless that easement grants him passage he does not have passage by that easement....he might however have lawful passage if they used it too long wo your interruption of same .and without your permission ....look up prescriptive easement....20 + years wo permission may be too late to shut off.

 

[quincy]

THe easement runs with the land not the owner ...you are required to honor whatever it says in that easement ...unless you extinguish it by buying the dominant property as well or buying its surrender fro the owner of the dominate property .

ONe needs more details about the friend with no abutting property....unless that easement grants him passage he does not have passage by that easement....he might however have lawful passage if they used it too long wo your interruption of same .and without your permission ....look up prescriptive easement....20 + years wo permission may be too late to shut off.

You have it mixed up, HRZ. memcards is the dominant tenant with easement rights.

The servient tenant is the bank-owned property. The road runs through the bank-owned property.

The one using the easement for ATVs and horses apparently is neither the servient tenant nor a dominant tenant.

memcards, why does the neighbor of your former neighbor need to use the easement for his horses and his ATV? Is part of his property also landlocked?

Are you sure this neighbor-of-your-neighbor did not purchase the property next to you from the bank?

 

[HRZ]

Sorry, I did get it backwards...but the words in easement still apply...dust it off and read it.....IF it's an exclusive easement you may have rights to not let others pass thru on your portion.

 

[quincy]

I agree that memcards needs to learn more about the easement, the status of the property next door, and the rights the ATV/horse owner may or may not have in using it, before reinstalling signs.

 

[HRZ]

BE very careful what you say to others about the facts as you think they are as you find them . THings may be counterintuitive ...example

You may have a very broad right to shut off users of your exclusive easement ( if that's what you hold) if they used it with permission .

You may find it impossible to shut off users of your passage way if they have been doing it 20+ years continiously without interruption openly without your permission.

 

[memkards]

You have it mixed up, HRZ. memcards is the dominant tenant with easement rights.

The servient tenant is the bank-owned property. The road runs through the bank-owned property.

The one using the easement for ATVs and horses apparently is neither the servient tenant nor a dominant tenant.

memcards, why does the neighbor of your former neighbor need to use the easement for his horses and his ATV? Is part of his property also landlocked?

Are you sure this neighbor-of-your-neighbor did not purchase the property next to you from the bank?

Yes you are correct.
Thank you for correcting the previous reply

And no the "friend" did not purchase anything the property from the bank.
He has nothing to do with my property and has NO easement,
He seems to think, because I am a female, he can do whatever he wants and use my property as HIS enjoyment.
He is certaily NOT landlocked, not even on the same town maintained road.
Nor does he have a "NEED " for the horses nor his atv. to use my driveway.

I do appreciate your understanding of my problem, which has been going on for a long time now.
I Have no idea, why this "friend " makes my life difficult at every turn, but some people, are who they are.

The land once was a big farm and my part was given to the son, with the old easement .
I bought the sons property.

However in the survey done, ( last ) the stakes are exactly in the middle of said driveway.

Which is actually an old woods road and I made it into a road, which is passable. with gravel to get to my house, so I can drive to my house,
When I first moved in I had to walk to the house 900 ft, just to get there and back, so that is why I put the money in for the gravel.
The only one who also has an easement is the electric co.

The driveway forks, which goes to bank owned property, and the fork which goes there, is not maintained, in 40 yrs. and is still a woods road.
Only the part which goes from the town maintained road, to my house is passable with a car.
Not the part that forks, which has trees down and signs, which the " friend " keeps moving and cutting .

So basically there is my property, next to the bank property and next to that bank property ( NOT abutting mine ) is the "friends " property.
and has absolutely nothing to do with the road, nor my property. He has some easements on the bank property, which is way over on the other side and has nothing to do with me.
The friends property and the banks property is way over 200 acres combined, however the " friend " has NOTHING to do with my property .

Thank you for a reply .

 

[memkards]

The deed reads, boundary from main road to center of old woods road.
Also
" and also granting to the said Grantees, theirs and assigns, the right in common with the said Grantors, theirs and assigns, on foot or with vehicles to pass and re pass along an old existing woods road property of the said Grantors and Grantees."
where part of this road is gravel, Done by me, and the other part is grown over, not used by a vehicle.

 

[HRZ]

You need a Maine land use lawyer to comment...the other user is neither the grantee nor grantor and passage by animals exceeds the clear language of the grant

 

[memkards]

I appreciate your reply, it confused me a bit first and had a wrong reply,( so just edited). but it just dawned on me what you said.

I will wait for a reply from a Main use lawyer, and ty for the animal reply.

Would love to know, what my recourse is though.
Again ty.
Me

 

[memkards]

And is there a Maine use lawyer around to reply ?

 

[justalayman]

Unless your easement is exclusive, and i didn’t see anything sugggesting it is, you have no right to demand anybody refrain from using the easement. That is a right held by the servient tenant.

If other users damage the easement you have a right to seek recompense for damages you suffered.

 

[LdiJ]

And is there a Maine use lawyer around to reply ?

Not here, no. Its unlikely you would find one on an internet forum. You will need to get a consult with someone local.

 

[quincy]

... I will wait for a reply from a Main use lawyer, and ty for the animal reply. ...

Here is a link to the Maine State Bar Association attorney request page of their website, so you can locate an attorney in your area:

https://www.mainebar.org/page/AttorneyRequest

Because you are a senior citizen, you might also find low or no cost legal assistance in your state. Here is a link to the Department of Health and Human Services. Click on "Legal Services for the Elderly: https://www.maine.gov/dhhs/elderly.shtml#legal

An attorney in your area can help you determine if the ATV/horse owner has a right to use the easement or if you have the legal right to prevent his use.

Good luck.