Ingress/Egress Easement Misuse?

[SistrK8]

virginia

Finally after a 3 year battle with my neighbor who has claimed a very narrow ingress/egress easement(as shown on the plat) as his own private parking lot, I have sought legal counsel to enjoy and have full and unhindered access to my property that runs along the easement(pipestem). I have had to suffer extreme verbal and near physical confrontations (where police were called) with this neighbor who claims he owns the easement and he can do whatever he wishes. In the past, I have had the need to ask the neighbor to remove his vehicles so my contractors could perform work on my property and so I could mow my lawn. I have also had to suffer property encroachment issues as discovered by a professional survey and property damage to drainage and landscaping because my neighbor continually parks on my front lawn along the edge of the easement. My lawyer has sent a letter to my neighbor defining ingress/egress and why it was not to be used for permanent parking by anyone. Unfortunately, as usual, the neighbor continues to be defiant. Is there no other way than to bring civil suit to have access to my property? Through the professional survey, I found out that my property line does extend out into the easement where my neighbor consistently parks his vehicles. I fully understand that my neighbor needs to cross my portion of the easement to get to his property. If my neighbor is misusing my portion of the easement by permanently parking on it, and continues to do so after the letter from my lawyer, could I pursue a no tresspassing order for him and the other occupants of the home? They have a boarder who also parks on the easement. No one seems to be able to tell my if anyone enforces the misuse of the easement (parking on it). I have asked direction from Land Records, Zoning, VDOT, the fire marshall and the utilities who have easement rights that are recorded in the deed book. One would think to expect common courtesy and respect among the neighbors who share this easement is not an unreasonable request, but after suffering through many confrontations and intimidation by my neighbor, I have had enough. Our homewoner's association is not prepared to take this issue on because its covenants fall extremely short, especially in this area. This issue is now based purely on principle. I have so far done everything legally, although I know the issue isn't as important to my lawyer because it is not happening to him and he seems to be dragging his feet( 2 months and just one letter sent) I'm not sure if my situation is fairly common or not. It seems that the quickest way to resolve things is to continue forward with a civil suit. Once and for all, I would like to have this over. To fight over access to my property and parking on my property is unnerving to say the least. To constantly have to look at at least 2 vehicles parked in front of my house including a very large diesel pick-up with construction debris surely does not make for a pretty sight and surely does not help increase my property value. I am asking if this is a fight worth fighting in the sense that I really do feel that I am right. Contrary opinions expected, guidance hoped for.

katie

 

[HomeGuru]

virginia

Finally after a 3 year battle with my neighbor who has claimed a very narrow ingress/egress easement(as shown on the plat) as his own private parking lot, I have sought legal counsel to enjoy and have full and unhindered access to my property that runs along the easement(pipestem). I have had to suffer extreme verbal and near physical confrontations (where police were called) with this neighbor who claims he owns the easement and he can do whatever he wishes. In the past, I have had the need to ask the neighbor to remove his vehicles so my contractors could perform work on my property and so I could mow my lawn. I have also had to suffer property encroachment issues as discovered by a professional survey and property damage to drainage and landscaping because my neighbor continually parks on my front lawn along the edge of the easement. My lawyer has sent a letter to my neighbor defining ingress/egress and why it was not to be used for permanent parking by anyone. Unfortunately, as usual, the neighbor continues to be defiant. Is there no other way than to bring civil suit to have access to my property? Through the professional survey, I found out that my property line does extend out into the easement where my neighbor consistently parks his vehicles. I fully understand that my neighbor needs to cross my portion of the easement to get to his property. If my neighbor is misusing my portion of the easement by permanently parking on it, and continues to do so after the letter from my lawyer, could I pursue a no tresspassing order for him and the other occupants of the home? They have a boarder who also parks on the easement. No one seems to be able to tell my if anyone enforces the misuse of the easement (parking on it). I have asked direction from Land Records, Zoning, VDOT, the fire marshall and the utilities who have easement rights that are recorded in the deed book. One would think to expect common courtesy and respect among the neighbors who share this easement is not an unreasonable request, but after suffering through many confrontations and intimidation by my neighbor, I have had enough. Our homewoner's association is not prepared to take this issue on because its covenants fall extremely short, especially in this area. This issue is now based purely on principle. I have so far done everything legally, although I know the issue isn't as important to my lawyer because it is not happening to him and he seems to be dragging his feet( 2 months and just one letter sent) I'm not sure if my situation is fairly common or not. It seems that the quickest way to resolve things is to continue forward with a civil suit. Once and for all, I would like to have this over. To fight over access to my property and parking on my property is unnerving to say the least. To constantly have to look at at least 2 vehicles parked in front of my house including a very large diesel pick-up with construction debris surely does not make for a pretty sight and surely does not help increase my property value. I am asking if this is a fight worth fighting in the sense that I really do feel that I am right. Contrary opinions expected, guidance hoped for.

katie

**A: if your lawyer reviewed the title and survey documents, what else is this lawyer doing to help you?

 

[SistrK8]

This thing with the neighbor just keeps getting worse. Local police and magistrate both agree that this is a very gray area. The magistrate was regretful that although there seemed to be at least an easement violation, a no trespassing warrant was not possible because the neighbor still needs ingress/egress. She showed me Virginia code and the only mention about ingress/ egress was 2 lines about utilities being granted easement, and this I already knew. She said she couldn't do anything about the easement. The whole thing is becoming unnerving especially when I have everything supported legally with surveys, title and deed information, lawyers, etc. and all the neighbor provides is a verbal statement that the easement is his property and that my surveys are incorrect. I am waiting to hear from my lawyer about entering into a very costly civil suit. I would much rather prefer to learn that there is someone who enforces easement violations such as this. The suit will be based totally on principle, because I feel no one should ever have to suffer through the verbal assaults and physical intimidation that I have had to endure by requesting unhindered use and enjoyment of my property. I am also worried that response time to a medical emergency or fire at my home might be increased due to the cars parked on the easement. Do I have a chance?

 

[HomeGuru]

duplicate post.