MY neighbor will not stop using my road

[tonjuark]

What is the name of your state? I live in idaho
MY husband and his brother before we were married bought a 42acer parcel togeather..They bought in May of 1986...it has a road that was put in for the purpose of that parcel only...there was a boarder property that our neighbor bought that had a home on it..he bought in sep of 1996 after my husband...He had his own personal diveway to get into his home.. with our permission he drove through our property, because he liked our road better...MY husband and his brother split the 42acer parcel and my husband and i built a home next to the neighbor 3 years ago...we still let him use the road, because he was single and it really didn't bother us...but now he has a girlfriend and everything changed...they started driving my road, and all her family and everyone going to see them, drove our road...He has two different enteries to his home, so he is not land locked at all..now he told us he owed the road, and it was public access...we went to the commissionors meeting,,,and no it's not a public road..he has never had a easement on this property,,,only in his mind..the road goes across lots..that could someday be developed,,that we pay taxes on...this neighbor is getting scary..he yells things at us, and if i close my gate at the bottom of the road he just leaves it open, when he goes through...I can't access my land..i want to put my horses out where the road is but, he would let them get out....so i can't take that chance...he also threatn's that if i don't let him use the road, that he will develop a easement that lies 100..feet across from our road...great i don't have a problem with that except, MY barn, which has been there for 50 years at least sits on the bottm entry of the easament...and he told me he would rip it down...now this is a county easement, but i have also paid taxes on my barn for years it's in the assessemnt of the tax roll.. can he do this..........please help......living by this guy is no fun..ps. from time to time my husband and his brother did shut the gate at the end of the road,,until the neighbor took his dad's trailer house out and took the post out to get the trailer out..and never fixed it like he pommissed....please help

 

[HomeGuru]

What is the name of your state? I live in idaho
MY husband and his brother before we were married bought a 42acer parcel togeather..They bought in May of 1986...it has a road that was put in for the purpose of that parcel only...there was a boarder property that our neighbor bought that had a home on it..he bought in sep of 1996 after my husband...He had his own personal diveway to get into his home.. with our permission he drove through our property, because he liked our road better...MY husband and his brother split the 42acer parcel and my husband and i built a home next to the neighbor 3 years ago...we still let him use the road, because he was single and it really didn't bother us...but now he has a girlfriend and everything changed...they started driving my road, and all her family and everyone going to see them, drove our road...He has two different enteries to his home, so he is not land locked at all..now he told us he owed the road, and it was public access...we went to the commissionors meeting,,,and no it's not a public road..he has never had a easement on this property,,,only in his mind..the road goes across lots..that could someday be developed,,that we pay taxes on...this neighbor is getting scary..he yells things at us, and if i close my gate at the bottom of the road he just leaves it open, when he goes through...I can't access my land..i want to put my horses out where the road is but, he would let them get out....so i can't take that chance...he also threatn's that if i don't let him use the road, that he will develop a easement that lies 100..feet across from our road...great i don't have a problem with that except, MY barn, which has been there for 50 years at least sits on the bottm entry of the easament...and he told me he would rip it down...now this is a county easement, but i have also paid taxes on my barn for years it's in the assessemnt of the tax roll.. can he do this..........please help......living by this guy is no fun..ps. from time to time my husband and his brother did shut the gate at the end of the road,,until the neighbor took his dad's trailer house out and took the post out to get the trailer out..and never fixed it like he pommissed....please help

**A: use heavy metal posts buried in concrete and a heavy gate with a lock.

 

[tonjuark]

what about a perscriptive easement

He is claiming a perscriptive easement! can i leagally lock him out...and not get in trouble...i don't want to be sued... If iam with in my rights i will concret posts and lock the gate.... thanks tonjua

 

[HomeGuru]

He is claiming a perscriptive easement! can i leagally lock him out...and not get in trouble...i don't want to be sued... If iam with in my rights i will concret posts and lock the gate.... thanks tonjua

**A: he can claim whatever he wants to, it is your property. Lock him out and post a NO TRESPASSING sign.

 

[tonjuark]

well i put my no trespassing signs up last night, i bought a double gate posted it and shut the gate at the bottom of entrance. Well in the middle of the night they ripped down the signs, and posted a detailed letter of everytime the gate was shut, and how it blocks the entrance to their home, remember they have 2 different entries to their home, and how they are sueing us for perscriptive easment, 1 if we do not remove our signs, 2 if we do not stop shutting the gate by wendsday of this week they will sue for perscriptive easement...and posted it to my door, in the middle of the night. i have made a cease and desist letter for them, and i will be taking it to the sheriff in the morning, he said he would hand deliver it for me. If he gets a perscriptive easment, which i don't think he can, although he is claiming he has maintained the road for 18 years, so he removed some snow in the winter, i never asked him to...anyway if he get's a perscriptive, is it only for him, or him and his girlfriend..And what about the people that visit him, are they allowed on the easement also.........your thoughts would be greatly appreciated...thanks tonjuark

 

[Meursault]

Keep your gate locked, give your cease and desist letter with proof of service form to the sheriff and let this idiot sue for easement.

He'll lose. As HG told you, even if you gave him permission to use the road, this quasi-easement was for him alone and an easement (in any form) is not transferrable to others without also transferring the land attached to the easement.

 

[tonjuark]

I just have one more question....I have all the legal papper work, deeds, ect..statements from bordering neighbors. I don't have much money, and this guy has lots. I have never in my life had to go before a judge, or been sued.
Do you think I could take my information with me to the judge, or do you think it wise I get a lawyer? thanks again tonjuark

 

[Meursault]

Listen, just lock the damn gate and tell mr. neighbor to piss off and the next time he attempts to gain access to your land, call the police and file tresspassing charges.

IF it ever goes bofore a judge then that's when you decide if you need an attorney.