What is the name of your state (only U.S. law)? Georgia
I am having a dispute with a neighbor about the use of an easement. The road to and from our homes is a private road that forms a circle around a pond, with properties cut out like a pie. The other guy lives on the north side, and I live on the south side, with other person property between us. He races his ATVs around the circle, and I have asked him not to, and to stay on his own property with them. He insists that the easement allows him to use the land, which is more or less my front yard, for whatever purpose he wants, in this case riding his ATVs. Last year I listened to him run around for 3 hours one day, this year I've had enough of it.
I called the police, who said that they can't tell him to stay off of my part of the easement because its a civil court issue, not a police matter and I'd have to take him to court, but that I can file a complaint. I do not want to take someone to court over such a simple thing.
My understanding of private roads and easements is that they are only for getting to and from your property, not for recreation unless otherwise recorded. The property deed I'm on has no mention of an easement, and the county simply has the road marked as private, I can find no recorded easement or anything about the easement being used for recreation. I've spoken to our tax Assessors Office and our real estate department in regards to any easement on the deeds or for the classification of the road. Since its a private road, the county, and I guess the police, won't tell my neighbor what they can or can't do on the easement. The guy at the real estate department even said no one should be driving on our easement unless they are getting to their property, but he has no authority to enforce that.
I am wondering what laws and regulations cover private roads? and are there any that I can cite to my neighbor to explain to him that he is doing something wrong, or at least creating a disturbance with his ATVs. I am in Bourke County, and the road in question is Sunrise Drive if anyone wants to know. This neighbor works and I really don't want to drag him through a court if there are laws I can cite to support my claim that he has no rights to go across my property.What is the name of your state (only U.S. law)?
I am having a dispute with a neighbor about the use of an easement. The road to and from our homes is a private road that forms a circle around a pond, with properties cut out like a pie. The other guy lives on the north side, and I live on the south side, with other person property between us. He races his ATVs around the circle, and I have asked him not to, and to stay on his own property with them. He insists that the easement allows him to use the land, which is more or less my front yard, for whatever purpose he wants, in this case riding his ATVs. Last year I listened to him run around for 3 hours one day, this year I've had enough of it.
I called the police, who said that they can't tell him to stay off of my part of the easement because its a civil court issue, not a police matter and I'd have to take him to court, but that I can file a complaint. I do not want to take someone to court over such a simple thing.
My understanding of private roads and easements is that they are only for getting to and from your property, not for recreation unless otherwise recorded. The property deed I'm on has no mention of an easement, and the county simply has the road marked as private, I can find no recorded easement or anything about the easement being used for recreation. I've spoken to our tax Assessors Office and our real estate department in regards to any easement on the deeds or for the classification of the road. Since its a private road, the county, and I guess the police, won't tell my neighbor what they can or can't do on the easement. The guy at the real estate department even said no one should be driving on our easement unless they are getting to their property, but he has no authority to enforce that.
I am wondering what laws and regulations cover private roads? and are there any that I can cite to my neighbor to explain to him that he is doing something wrong, or at least creating a disturbance with his ATVs. I am in Bourke County, and the road in question is Sunrise Drive if anyone wants to know. This neighbor works and I really don't want to drag him through a court if there are laws I can cite to support my claim that he has no rights to go across my property.What is the name of your state (only U.S. law)?