neighbor and his kids are demons!

[helpless!]

What is the name of your state? Kentucky.
My neighbor has an easement for a driveway. Ingress and Egress. 20ft. He and his children and totally taunting me! The kids ride their four-wheeler down the easement (that hasn't even been made into a driveway yet!) and turns around in the yard, and park their four-wheeler and get off of it, just to tick me off! Today the neighbor came down and told me he was going to put railroad ties beside the driveway that he is fixing to install, and I told him that he had to o.k it by me and my husband first and he said I didn't own the property and he could do whatever he wanted to! After explaining to him over and over again that I DO own the property, he just has the right to put in a driveway to get to his place and from his place, not to be lingering on my property, he said he'd be seeing me in court! The nerve! Is there any specifications on what the driveway has to be? Like, how much rock and what kind? Can he put in railroad ties? I'm ready to burst!What is the name of your state? KY

 

[easement2006]

I'm having my own easement woes, so I am just another easement owner who's done a bit of reading on the subject. I'm not a lawyer. I think the key is the exact language of the easement. There's also a question as to what is "reasonable" for the "use and enjoyment" of your neighbors easement and their "necessity" for the easement. As for the kids riding their four wheelers ... I believe that's perfectly legal, albeit annoying, regardless of driveway status. Now, the railroad ties may be a different story. I suspect that he does not own a vehicle that would "need" railroad ties to enter or leave his property, so they are purely for decoration. You *might* be able to protest them under the necessity issue, but I've been reading that he, surprisingly enough, has a lot of rights on your property. I think that he has the right to build whatever type of driveway he wants, as long as it's meeting his need for the easement.

 

[nextwife]

You need a real estate attorney. BEFORE he starts making alterations.

 

[BelizeBreeze]

Send him a cease and desist letter ( or better still, your attorney) and the next time any of the family moves from the easement call the local police and file trespassing charges.

 

[helpless!]

I finally have rights!

I too have done alot of investigating..... His kids are not allowed to ride their four-wheelers on my property. First off, they're under 16, that makes it illegal for them to ride on the road or any other private property, therfore, they are trespassing! And, I can put up gates at each end of the easement, as long as I allow room for him to pull of the road onto the driveway to open the gate. I may put locks on these gates as long as I supply him with a key, and he has to lock them back... I can do this because I worry about who will be going down the driveway, and I have the right because of the safety issues to my children. I have put up survey cameras and if he doesn't lock the locks, then I can take him to court and file harrasment charges. I'm tired of being pushed around by this guy and told what he's going to do with my property! We do have rights!:

 

[HappyHusband]

I too have done alot of investigating..... His kids are not allowed to ride their four-wheelers on my property. First off, they're under 16, that makes it illegal for them to ride on the road or any other private property, therfore, they are trespassing! And, I can put up gates at each end of the easement, as long as I allow room for him to pull of the road onto the driveway to open the gate. I may put locks on these gates as long as I supply him with a key, and he has to lock them back... I can do this because I worry about who will be going down the driveway, and I have the right because of the safety issues to my children. I have put up survey cameras and if he doesn't lock the locks, then I can take him to court and file harrasment charges. I'm tired of being pushed around by this guy and told what he's going to do with my property! We do have rights!:

We do have rights!

Yes you do!
And you have the right not to have those rights infringed upon.
Kick his ass! Legally speaking, that is.

 

[LindaP777]

We do have rights!

Yes you do!
And you have the right not to have those rights infringed upon.
Kick his ass! Legally speaking, that is.

I love a good legal ass-kicking!!! Tell me when & where and I'll bring the popcorn!

 

[janna]

I too have done alot of investigating..... His kids are not allowed to ride their four-wheelers on my property. First off, they're under 16, that makes it illegal for them to ride on the road or any other private property, therfore, they are trespassing! And, I can put up gates at each end of the easement, as long as I allow room for him to pull of the road onto the driveway to open the gate. I may put locks on these gates as long as I supply him with a key, and he has to lock them back... I can do this because I worry about who will be going down the driveway, and I have the right because of the safety issues to my children. I have put up survey cameras and if he doesn't lock the locks, then I can take him to court and file harrasment charges. I'm tired of being pushed around by this guy and told what he's going to do with my property! We do have rights!:

Helpless, we've been living through the same nightmare you are, and it's been awful. But you're right, you do have rights. After researching easements for over 2 years now, I've learned a lot about them, at least in my area.

Our neighbor who has an easement through us was letting anyone and everyone ride atvs through our property at all hours of the day and night and when we put up a fence, he took us to court and sued us, and he lost. He actually thought that he owned the property that the easement is on and he even told us we couldn't use that part of our own property.

It could be that your neighbor doesn't know the law and maybe he needs educated.

In my opinion, atv riding is not a reasonable means of ingress/egress, if it were, atvs would be allowed everywhere that cars and trucks are, but they're not.

Good luck to you!