What is the name of your state (only U.S. law)? PA
I live on a lot of land that was subdivided 16 yrs ago. There are 2 lots side by side along the public road and 2 flagpole lots directly behind. The "poles" of the lots behind go down to the public road and are deeded to be a 50 foot easement. The land that makes up the easement, 25 ft from the center of the easement to the left and right belongs to the 2 property owners of the back "flagpole" lots, but the easement belongs to the 2 front lots for access to our properties. There is 1 driveway (easement) in the middle of all 4 lots that we all must use to get to our properties. I live on the lot on the bottom to the right of the easement, the 2 bottom lots are approx. 2 acres and the 2 behind, up on a hill, are approx. 3 acres. Thirteen years ago (before this guy even bought the lot behind me) 3 of us pitched in to pave part of the easement. This paved part is approximately 18 ft wide down the middle of the easement, which leaves some part of the easement essentially grass on both sides, on my side it is part of the my yard which I have mowed for 16 years.
O.K. here's the problem, the owner of the lot behind me, does not understand that even though they "own" the property under the easement, I still have the right to access my property from it. We are a family of 6, with 4 teenagers and we have 4 cars, I have a small driveway that comes off the easement to my house and there are bushes and railroad ties that boarder my driveway, and there are times when I have visitors, it is necessary for them or even myself to park in my front yard. We pull off the easement and park in my yard (it's a very big front yard). My neighbor has called the police 6 times accusing me or my visitors of trespassing because he says that he owns the property and that if I pull off the paved part of the easement and drive over the grass part I am trespassing, I have never parked on any part of the easement (50 ft) nor have my visitors. I have never block their passage to their property, I have never built anything or put a fence up along my property. The easement was zoned for 50 ft so that 2 cars can pass each other if necessary. I believe that I can use any part of the 50 ft easement to drive on and to access my property. I have seen a lawyer to make sure that I am correct and he agrees that the neighbor has no case, and the last time the police came to my house I explained all of this to them and they also agreed with me. This has been going on for 2 years now and I have asked the police to tell this neighbor to either stop calling them and get over it or bring a civil case against me. Which brings me to my newest problem.
Last week we had some rain and when I came home my son had some friends over, so I had to park in the yard, later I had to pick up by daughter from a basket ball game and I got stuck in the yard because the ground was soft, it took me awhile to get out and it made a mud pit of that part of my yard, and I wasn't happy about it and I knew my neighbor was going to have a fit even though it wasn't part of the easement that had ruts in it. The easement is not damaged at all, only my yard, but now the ground is frozen again and it will be spring until I can reseed it with grass. But the very next day a guy from the township came to my house because this neighbor called to complain about the mud. There is no ordinance in our township about having a muddy yard, and I told him that the township has no say about the easement dispute, that is a private matter that has to be solved in civil court. Anyway I just got a call from this neighbor tonight, he asked me if I was going to stop parking in my yard, and my reply was I will park in my yard whenever it is necessary, he said to get a lawyer because he is going to sue me, and hung up. I am looking forward to my day in court, from my research I believe I have a good case. My question is can I counter sue for harassment, this man is watching my every move and I feel I have no privacy. What are the rights of a property owner to privacy? He has called the township many times over things that are so unfounded and not to mention all the times the Police have come to my house. If I would win this case could I make him pay for my lawyer fees and court costs, and the pain a suffering he has caused me that last 2 years. I do not feel safe in my own home, I feel like he is always watching me and my kids, I have even caught him standing on his land behind my house just looking at me when I let my cat out at 6:30 in the morning, whats up with that?
Thanks to any response, and sorry this took so long.What is the name of your state (only U.S. law)?
I live on a lot of land that was subdivided 16 yrs ago. There are 2 lots side by side along the public road and 2 flagpole lots directly behind. The "poles" of the lots behind go down to the public road and are deeded to be a 50 foot easement. The land that makes up the easement, 25 ft from the center of the easement to the left and right belongs to the 2 property owners of the back "flagpole" lots, but the easement belongs to the 2 front lots for access to our properties. There is 1 driveway (easement) in the middle of all 4 lots that we all must use to get to our properties. I live on the lot on the bottom to the right of the easement, the 2 bottom lots are approx. 2 acres and the 2 behind, up on a hill, are approx. 3 acres. Thirteen years ago (before this guy even bought the lot behind me) 3 of us pitched in to pave part of the easement. This paved part is approximately 18 ft wide down the middle of the easement, which leaves some part of the easement essentially grass on both sides, on my side it is part of the my yard which I have mowed for 16 years.
O.K. here's the problem, the owner of the lot behind me, does not understand that even though they "own" the property under the easement, I still have the right to access my property from it. We are a family of 6, with 4 teenagers and we have 4 cars, I have a small driveway that comes off the easement to my house and there are bushes and railroad ties that boarder my driveway, and there are times when I have visitors, it is necessary for them or even myself to park in my front yard. We pull off the easement and park in my yard (it's a very big front yard). My neighbor has called the police 6 times accusing me or my visitors of trespassing because he says that he owns the property and that if I pull off the paved part of the easement and drive over the grass part I am trespassing, I have never parked on any part of the easement (50 ft) nor have my visitors. I have never block their passage to their property, I have never built anything or put a fence up along my property. The easement was zoned for 50 ft so that 2 cars can pass each other if necessary. I believe that I can use any part of the 50 ft easement to drive on and to access my property. I have seen a lawyer to make sure that I am correct and he agrees that the neighbor has no case, and the last time the police came to my house I explained all of this to them and they also agreed with me. This has been going on for 2 years now and I have asked the police to tell this neighbor to either stop calling them and get over it or bring a civil case against me. Which brings me to my newest problem.
Last week we had some rain and when I came home my son had some friends over, so I had to park in the yard, later I had to pick up by daughter from a basket ball game and I got stuck in the yard because the ground was soft, it took me awhile to get out and it made a mud pit of that part of my yard, and I wasn't happy about it and I knew my neighbor was going to have a fit even though it wasn't part of the easement that had ruts in it. The easement is not damaged at all, only my yard, but now the ground is frozen again and it will be spring until I can reseed it with grass. But the very next day a guy from the township came to my house because this neighbor called to complain about the mud. There is no ordinance in our township about having a muddy yard, and I told him that the township has no say about the easement dispute, that is a private matter that has to be solved in civil court. Anyway I just got a call from this neighbor tonight, he asked me if I was going to stop parking in my yard, and my reply was I will park in my yard whenever it is necessary, he said to get a lawyer because he is going to sue me, and hung up. I am looking forward to my day in court, from my research I believe I have a good case. My question is can I counter sue for harassment, this man is watching my every move and I feel I have no privacy. What are the rights of a property owner to privacy? He has called the township many times over things that are so unfounded and not to mention all the times the Police have come to my house. If I would win this case could I make him pay for my lawyer fees and court costs, and the pain a suffering he has caused me that last 2 years. I do not feel safe in my own home, I feel like he is always watching me and my kids, I have even caught him standing on his land behind my house just looking at me when I let my cat out at 6:30 in the morning, whats up with that?
Thanks to any response, and sorry this took so long.What is the name of your state (only U.S. law)?