Lilmountainlady
Member
What is the name of your state? North Carolina
Hello and thank you.
History:
In 2010 I purchased a home on 1/3 acres in a rural area of NC and on the Deed it said "Subject to those certain Reciprocal Easement and Maintenance Agreements as recorded...". This was recorded in 2002. At the time I had no idea what that was, and I really didn't realize what it meant, however, I would later find out. The entrance to my property was the same entrance to the "Shared Gravel Driveway" that my neighbor used as a second access driveway to her property at that time in the South part of my property. This driveway followed my southern property line till it crossed onto her property (about 8 feet in width). The total length of that driveway is about 70 feet more or less. It didn't bother me that we both used that 8 foot wide entrance. I only needed 15 feet then I was in a clearing on the south side of my home. On the recorded Easement, there are no measurements mentioned. It just states "entire driveway".
In 2012 I was having water issues inside the basement of my home because there is a steep slope on the East side of my home. Since I had to have some excavation and grading done, I thought that clearing some of the land on the south side of my house would be nice. Doing this cleared approximately a 14 foot section next to the road and a 15 foot area on the north side of the Shared Driveway. At the time it was mostly clay and if it rained you didn't drive on it. Still my neighbor and I only used the 8 foot graveled driveway section, but at times I would use the other section.
In 2013 I thought it would be a great idea to asphalt the south side of my property to improve the looks of my property, and make it nicer to drive on in bad weather. This would included the "shared driveway". Even though the recorded "Agreement" stated that the upkeep and improvements to the shared driveway were to be 50/50, I didn't want her to pay any portion of this improvement (because 90% of it was not part of the shared driveway). This was not to "enlarge or widen" the shared driveway. It was strictly for me to have a different entrance to my property, make my driveway area nicer to drive on, and give my property a nicer look. My neighbor wanted the part of the driveway that was on her side of the property line asphalted too. So she paid for just that. The asphalt was done. When both driveways and surrounding area was completed, it looked like 2 driveways sharing a common middle line. My fear was since the majority of the asphalted area was on my land, and the way it now looked, I didn't want new owners thinking that the South Driveway was part of their property, so I had a Painted line done showing the property line.
That's the history. Now for why I am posting here.
In 2017 my neighbor died. In 2018 the property was sold and now has a new owner (who lives in Florida and is renting out the property to University kids *4 of them). These kids when they were backing out of their parking area almost hit my Well a couple of times (which is very close to the asphalted edge *about 2 or less feet). Watching that scared the piss out of me. Then they would do 3 point turning around using both of the driveways, coming close to my car or my gardens. They also park wherever they desired on both of the driveways. This was very annoying, when it was my property they were using or parking on. I never encountered these problems or issues with my old neighbor. She would just drive up or down the driveway.
I put some lawn debris in front of my Well to protect it. In order to stop the parking, I told the kids they needed to park on the other side of the Property line, even though I know this is just ingress and etc, I was trying to be nice. They still would at times, when I wasn't at home, park anywhere they wanted to. Then they started backing up and going down using my entire driveway and almost hitting my mailbox, so I thought, let's give them some boundaries as to where the "Driveway" for them to use is and prevent them from 3 point turns and hitting my mailbox. So I put up a row of large plastic planters, giving them a 9 foot access to their parking area. Well, needless to say, they picked up the pots and stacked them.
So I put a Notice on one of their cars stating that I needed to talk to the Owner. That got me a "text" message at midnight.
The Owner is claiming that both driveways are part of the "Easement" because in the recorded Easement it states "The entire Driveway as part of the easement for ingress, egress and regress purposes only" and the "Driveway" looks like that entire asphalted area. He also told me that this means I cannot park, I cannot put items on those driveways to block or otherwise and I cannot prevent the kids from using both driveways. He would tell the kids that they were not allowed to park in the driveways and he would ask them not to do 3 point turns in the driveways, but they could still back up using those driveways. Further, that I was not allowed to park in the driveways, nor could I put anything in those driveways and that I needed to remove the debris and never put anything in those driveways again.
Geez, if I had known what I know now I would have never asphalted that part of my property. If I have given up that entire portion of my land to being "shared" I will physically and literally cry.
Options:
Go to court and pray the judge has the recorded "Easement" amended with clarifications and measurements as to what is the driveway that my neighbor can use.
Thoughts?? Remove a middle section between the original Easement Driveway and my Driveway, but can he sue me for that? Is it legal for me to do that?
Again, thank you for your ideas, thought, advice, anything.
Hello and thank you.
History:
In 2010 I purchased a home on 1/3 acres in a rural area of NC and on the Deed it said "Subject to those certain Reciprocal Easement and Maintenance Agreements as recorded...". This was recorded in 2002. At the time I had no idea what that was, and I really didn't realize what it meant, however, I would later find out. The entrance to my property was the same entrance to the "Shared Gravel Driveway" that my neighbor used as a second access driveway to her property at that time in the South part of my property. This driveway followed my southern property line till it crossed onto her property (about 8 feet in width). The total length of that driveway is about 70 feet more or less. It didn't bother me that we both used that 8 foot wide entrance. I only needed 15 feet then I was in a clearing on the south side of my home. On the recorded Easement, there are no measurements mentioned. It just states "entire driveway".
In 2012 I was having water issues inside the basement of my home because there is a steep slope on the East side of my home. Since I had to have some excavation and grading done, I thought that clearing some of the land on the south side of my house would be nice. Doing this cleared approximately a 14 foot section next to the road and a 15 foot area on the north side of the Shared Driveway. At the time it was mostly clay and if it rained you didn't drive on it. Still my neighbor and I only used the 8 foot graveled driveway section, but at times I would use the other section.
In 2013 I thought it would be a great idea to asphalt the south side of my property to improve the looks of my property, and make it nicer to drive on in bad weather. This would included the "shared driveway". Even though the recorded "Agreement" stated that the upkeep and improvements to the shared driveway were to be 50/50, I didn't want her to pay any portion of this improvement (because 90% of it was not part of the shared driveway). This was not to "enlarge or widen" the shared driveway. It was strictly for me to have a different entrance to my property, make my driveway area nicer to drive on, and give my property a nicer look. My neighbor wanted the part of the driveway that was on her side of the property line asphalted too. So she paid for just that. The asphalt was done. When both driveways and surrounding area was completed, it looked like 2 driveways sharing a common middle line. My fear was since the majority of the asphalted area was on my land, and the way it now looked, I didn't want new owners thinking that the South Driveway was part of their property, so I had a Painted line done showing the property line.
That's the history. Now for why I am posting here.
In 2017 my neighbor died. In 2018 the property was sold and now has a new owner (who lives in Florida and is renting out the property to University kids *4 of them). These kids when they were backing out of their parking area almost hit my Well a couple of times (which is very close to the asphalted edge *about 2 or less feet). Watching that scared the piss out of me. Then they would do 3 point turning around using both of the driveways, coming close to my car or my gardens. They also park wherever they desired on both of the driveways. This was very annoying, when it was my property they were using or parking on. I never encountered these problems or issues with my old neighbor. She would just drive up or down the driveway.
I put some lawn debris in front of my Well to protect it. In order to stop the parking, I told the kids they needed to park on the other side of the Property line, even though I know this is just ingress and etc, I was trying to be nice. They still would at times, when I wasn't at home, park anywhere they wanted to. Then they started backing up and going down using my entire driveway and almost hitting my mailbox, so I thought, let's give them some boundaries as to where the "Driveway" for them to use is and prevent them from 3 point turns and hitting my mailbox. So I put up a row of large plastic planters, giving them a 9 foot access to their parking area. Well, needless to say, they picked up the pots and stacked them.
So I put a Notice on one of their cars stating that I needed to talk to the Owner. That got me a "text" message at midnight.
The Owner is claiming that both driveways are part of the "Easement" because in the recorded Easement it states "The entire Driveway as part of the easement for ingress, egress and regress purposes only" and the "Driveway" looks like that entire asphalted area. He also told me that this means I cannot park, I cannot put items on those driveways to block or otherwise and I cannot prevent the kids from using both driveways. He would tell the kids that they were not allowed to park in the driveways and he would ask them not to do 3 point turns in the driveways, but they could still back up using those driveways. Further, that I was not allowed to park in the driveways, nor could I put anything in those driveways and that I needed to remove the debris and never put anything in those driveways again.
Geez, if I had known what I know now I would have never asphalted that part of my property. If I have given up that entire portion of my land to being "shared" I will physically and literally cry.
Options:
Go to court and pray the judge has the recorded "Easement" amended with clarifications and measurements as to what is the driveway that my neighbor can use.
Thoughts?? Remove a middle section between the original Easement Driveway and my Driveway, but can he sue me for that? Is it legal for me to do that?
Again, thank you for your ideas, thought, advice, anything.
