What is the name of your state (only U.S. law)? Pennsylvania
So I posted the following three years ago, but the situation has started up again with some new developments (below)
From 2017:
I have lived at my house for four years. The house that I currently own and the neighbor's house used to be all one property and was subdivided when my current house was put up for sale.
When I purchased my house, I was granted easement rights for the portion of the driveway that lies over my neighbor's property. The portion of the driveway in the easement is about 10' wide x 100' long, and it narrows as it nears the exit of the driveway. The driveway stops at my one-car detached garage.
Recently, new neighbors purchased the neighbor's house, and we have been having disagreements over my easement rights. She has gone so far as to place cinder blocks down the property line (in the middle of my driveway). A letter from an attorney got those moved a week later, but now she has decided she wants to use the portion of my driveway on the easement for parking her vehicles. This only began after our recent dispute. She also threatened to start parking her school bus on that section as well, which would cause increased wear and tear on the asphalt driveway which I am responsible for maintaining.
My deed states "Together with the right to use a portion of a driveway as it exists on other property of Grantor adjacent to the property herein described. Grantee shall be solely responsible for maintenance of the driveway." There is no other elaboration to the easement such as measurements, bearings, etc.
This differs from what the survey in the subdivision deed calls out. The easement is called out as "PROPOSED easement for ingrees, egress, regress and driveway maintenance"
Which would hold precedence, my deed or the survey from the subdivision? Does the inclusion of the word "Proposed" in the survey give more leverage to my property deed?
With the old neighbor, we used the easement for a variety of uses, such as parking, placement of a Bagster for a few weeks, a place to unload stone, mulch, etc. She never once complained about us using it for almost four years. The new neighbor insists it is only for ingress, egress, and regress and she can park on it with her personal vehicles and school bus if she pleases.
The attorney I consulted said the deed language would likely control, and that if my neighbor inhibits my use of the driveway, to politely ask her to stop. Normally, this would be my solution, but these are not reasonable people. She has turned this into a full time game the past few days. Any time we are coming and going in the driveway, there she is, staring at us. For the past few months she has done what she can to make us feel uncomfortable being in our own backyard. We feel she is trying to push us out and to sell the house for various reasons that I will not get into here.
What is my next course of action?
So, on to 2020. . . .
The neighbors have been parking on the easement (their property, my easement) with random vehicles EVERY SINGLE DAY since August 1st 2019. Cars, trucks, cargo vans, work vehicles, school buses, lawn mowers, you name it. There is no "need" to do this, as they have their own driveway which is three times the size of ours (including the easement). Needless to say, it's being done out of spite. She made a verbal agreement with my original attorney (in 2017) to allow us to continue using the easement as we had been doing (before they moved in in 2017). Obviously, a verbal agreement holds no water, and when I contacted that attorney, she ignored my calls and emails, and eventually stuck her secretary on the phone who suggested I contact a different attorney.
I built a 27' long wall from the face of my garage down the property line (towards the street) to block the view from our property to their swimming pool (when things cooled down originally we tried talking to them about planting trees to block the view, and give us a little privacy from them while they are groping each other in their pool, but they didn't agree to it, so a wall is what they got). So effectively, a portion of the easement (lengthwise) and about 2 feet or so of my property is on "their" side of my wall. I still have enough access to drive a vehicle behind the wall on the easement on their side (of course when they aren't parked on it).
So my real question is, does she have any leverage to park on it, whether it is behind my wall or not? She is now also parking at the front of the wall (nearest the street) with her school van, literally an inch away from the property line. We both have smaller vehicles, but this still makes it difficult for us some of the time depending if we are parking to the side of the garage and how we have to angle the vehicles. If she is not technically "obstructing" our access, does she have any right to park on the easement? I called the owner of the van and informed them of my right to have it removed, and they said they would take care of it, but there it still sits, over a week later (she also called the state police who came out, while I was at work, and said I was "harassing" her by calling her employer. As I said, I called the owner of the vehicle. She also has a personal vehicle parked behind the van (on their side of the wall).
Also to note, I have a garage maintenance easement that extends 3.5' onto their property (recorded on the survey). My access is now blocked to this because of them parking on the easement. I can squeeze through walking, (mirrors on the vehicles almost touch my wall) but it would be impossible to get equipment or anything back there to do any "maintenance".
Once again, the deed language (as seen in the original post) is vague. There is no technical "easement agreement", only my deed language, and the survey which was recorded with the original owner's deed when she had the lot subdivided, forming my and my neighbor's current lots. There are limits and dimensions of the easement shown in that survey which are called out as "Proposed".
I hired an different attorney who sent them a letter informing them that no portion of the easement cannot be obstructed, and that I have the right to tow anything blocking the easement. I also put up a "No Parking, Vehicle Will Be Towed At Owner's Expense" sign, as well as a "DO NOT BLOCK DRIVEWAY OR GARAGE EASEMENT" sign.
It has been over a week since they got the letter and I put up the signs. My attorney has assured me I have the right to tow. Just wanted to get other opinions on here. We talked to these peoples' previous neighbors, and she is the type of person who looks for opportunities for lawsuits. She sued her previous neighbor cause she eventually managed to get a reaction out of him. So do I call the tow truck, or am I being suckered in for a potential lawsuit for cost/damages to vehicles when I have them towed away?
So I posted the following three years ago, but the situation has started up again with some new developments (below)
From 2017:
I have lived at my house for four years. The house that I currently own and the neighbor's house used to be all one property and was subdivided when my current house was put up for sale.
When I purchased my house, I was granted easement rights for the portion of the driveway that lies over my neighbor's property. The portion of the driveway in the easement is about 10' wide x 100' long, and it narrows as it nears the exit of the driveway. The driveway stops at my one-car detached garage.
Recently, new neighbors purchased the neighbor's house, and we have been having disagreements over my easement rights. She has gone so far as to place cinder blocks down the property line (in the middle of my driveway). A letter from an attorney got those moved a week later, but now she has decided she wants to use the portion of my driveway on the easement for parking her vehicles. This only began after our recent dispute. She also threatened to start parking her school bus on that section as well, which would cause increased wear and tear on the asphalt driveway which I am responsible for maintaining.
My deed states "Together with the right to use a portion of a driveway as it exists on other property of Grantor adjacent to the property herein described. Grantee shall be solely responsible for maintenance of the driveway." There is no other elaboration to the easement such as measurements, bearings, etc.
This differs from what the survey in the subdivision deed calls out. The easement is called out as "PROPOSED easement for ingrees, egress, regress and driveway maintenance"
Which would hold precedence, my deed or the survey from the subdivision? Does the inclusion of the word "Proposed" in the survey give more leverage to my property deed?
With the old neighbor, we used the easement for a variety of uses, such as parking, placement of a Bagster for a few weeks, a place to unload stone, mulch, etc. She never once complained about us using it for almost four years. The new neighbor insists it is only for ingress, egress, and regress and she can park on it with her personal vehicles and school bus if she pleases.
The attorney I consulted said the deed language would likely control, and that if my neighbor inhibits my use of the driveway, to politely ask her to stop. Normally, this would be my solution, but these are not reasonable people. She has turned this into a full time game the past few days. Any time we are coming and going in the driveway, there she is, staring at us. For the past few months she has done what she can to make us feel uncomfortable being in our own backyard. We feel she is trying to push us out and to sell the house for various reasons that I will not get into here.
What is my next course of action?
So, on to 2020. . . .
The neighbors have been parking on the easement (their property, my easement) with random vehicles EVERY SINGLE DAY since August 1st 2019. Cars, trucks, cargo vans, work vehicles, school buses, lawn mowers, you name it. There is no "need" to do this, as they have their own driveway which is three times the size of ours (including the easement). Needless to say, it's being done out of spite. She made a verbal agreement with my original attorney (in 2017) to allow us to continue using the easement as we had been doing (before they moved in in 2017). Obviously, a verbal agreement holds no water, and when I contacted that attorney, she ignored my calls and emails, and eventually stuck her secretary on the phone who suggested I contact a different attorney.
I built a 27' long wall from the face of my garage down the property line (towards the street) to block the view from our property to their swimming pool (when things cooled down originally we tried talking to them about planting trees to block the view, and give us a little privacy from them while they are groping each other in their pool, but they didn't agree to it, so a wall is what they got). So effectively, a portion of the easement (lengthwise) and about 2 feet or so of my property is on "their" side of my wall. I still have enough access to drive a vehicle behind the wall on the easement on their side (of course when they aren't parked on it).
So my real question is, does she have any leverage to park on it, whether it is behind my wall or not? She is now also parking at the front of the wall (nearest the street) with her school van, literally an inch away from the property line. We both have smaller vehicles, but this still makes it difficult for us some of the time depending if we are parking to the side of the garage and how we have to angle the vehicles. If she is not technically "obstructing" our access, does she have any right to park on the easement? I called the owner of the van and informed them of my right to have it removed, and they said they would take care of it, but there it still sits, over a week later (she also called the state police who came out, while I was at work, and said I was "harassing" her by calling her employer. As I said, I called the owner of the vehicle. She also has a personal vehicle parked behind the van (on their side of the wall).
Also to note, I have a garage maintenance easement that extends 3.5' onto their property (recorded on the survey). My access is now blocked to this because of them parking on the easement. I can squeeze through walking, (mirrors on the vehicles almost touch my wall) but it would be impossible to get equipment or anything back there to do any "maintenance".
Once again, the deed language (as seen in the original post) is vague. There is no technical "easement agreement", only my deed language, and the survey which was recorded with the original owner's deed when she had the lot subdivided, forming my and my neighbor's current lots. There are limits and dimensions of the easement shown in that survey which are called out as "Proposed".
I hired an different attorney who sent them a letter informing them that no portion of the easement cannot be obstructed, and that I have the right to tow anything blocking the easement. I also put up a "No Parking, Vehicle Will Be Towed At Owner's Expense" sign, as well as a "DO NOT BLOCK DRIVEWAY OR GARAGE EASEMENT" sign.
It has been over a week since they got the letter and I put up the signs. My attorney has assured me I have the right to tow. Just wanted to get other opinions on here. We talked to these peoples' previous neighbors, and she is the type of person who looks for opportunities for lawsuits. She sued her previous neighbor cause she eventually managed to get a reaction out of him. So do I call the tow truck, or am I being suckered in for a potential lawsuit for cost/damages to vehicles when I have them towed away?
