What is the name of your state? Pennsylvania
My home sits on the side of a hill that was a cow field 16 years ago. The land was divided into 4 lots, 2 at the bottom, 2 at the top. My lot is one at the bottom along the public road. There is a Private Access Easement between the 2 bottom lots. The easement is 50 ft across 25 ft from the center line on both sides. Eight years ago the 4 property owners paid to have the easement paved, the paved part of the easement is approx. 15 ft across, leaving approx. 17 ft on either side of the paved easement. The easement goes up 250 ft from the centerline of the public road, the 2 lots above have driveways leading from the easement to their homes. 2 lots below approx 1.5 acres, the 2 lots above approx. 3 acres. The parts of the easement that are not paved is grass, the easement grass runs into my grass. There is no visible sign of where the easement grass ends and my grass begins. For 15 years I have mowed the grass that technically is part of the easement. My deed states that the Private Access Easement is to be shared and maintained by all 4 lots. I have maintained the part of the easement (grass) that borders my lot and the same goes for my neighbor that lives directly beside me.
Now for the problem!
My neighbor that owns the lot directly behind me (up on the hill), has decided that he owns the easement on our side (from the centerline 25 ft to the right) and the other neighbor at the top owns the easement on the other side. I have located his deed on-line and it reads the same as mine. "The Private Access Easement is to be shared and maintained by owners of all 4 lots."
I have had friends and family over to my house, and sometimes if my driveway is full, (it can only hold 5-6 cars, I own 3 cars myself), they have pulled off the paved part of the easement and parked in my front yard, many feet away from the paved easement, never blocking the easement, never blocking my neighbors above from being able to get up to their houses. My neighbor does not like this, he says whoever parks in my front yard is tresspassing because they have to pass over the easement grass in order to get to my grass in my front yard. He called me 2 weeks ago because I had to park my car in my yard because it had snowed and I couldn't get all to way up to my driveway, the kicker is that his son had to do the same thing in his yard. This neighbor has called the police 3 times for this, last Saturday being the most recent, a friend of my sons stopped by for 30 minutes and parked his car in my front yard. Sunday morning I had a PRIVATE PROPERTY, NO TRESSPASSING! sign posted at the bottom of my yard. The State Police have come to my house, asking what the problem is. We have explained that this is a easement to be shared by all lot, I take that to believe that I have equal ownership as the other 3 owners, how can I or anyone who visits my home be called a tresspasser if they have my permission to be here? The Police were clearly confused, and annoyed to be bothered, but they told me they could fine anyone parking in my front yard $300 for tresspassing.
I think this is insane, how do I get this guy off my back. I have my deed and I have his deed, although they are hard to understand, the technical measurements of the lots, but I have a drawing with my deed that I got when I bought my house that clearly shows my lot bordering the easement, and states that the easement is a shared private access easement. I do not have a drawing of his deed, just the measurements, so I have no idea why he things he owns the easement. He has never come down and mowed that grass, nor would I want him to. I can't even see his house from mine because his house is on top of the hill, there are 3.5 acres of land with trees between our houses.
Is this really a matter for the PA state police? I am not a common criminal, but all of this is making me feel like one.
Sorry so long, any advice would be appreciated.
Thanks,
Jeri
My home sits on the side of a hill that was a cow field 16 years ago. The land was divided into 4 lots, 2 at the bottom, 2 at the top. My lot is one at the bottom along the public road. There is a Private Access Easement between the 2 bottom lots. The easement is 50 ft across 25 ft from the center line on both sides. Eight years ago the 4 property owners paid to have the easement paved, the paved part of the easement is approx. 15 ft across, leaving approx. 17 ft on either side of the paved easement. The easement goes up 250 ft from the centerline of the public road, the 2 lots above have driveways leading from the easement to their homes. 2 lots below approx 1.5 acres, the 2 lots above approx. 3 acres. The parts of the easement that are not paved is grass, the easement grass runs into my grass. There is no visible sign of where the easement grass ends and my grass begins. For 15 years I have mowed the grass that technically is part of the easement. My deed states that the Private Access Easement is to be shared and maintained by all 4 lots. I have maintained the part of the easement (grass) that borders my lot and the same goes for my neighbor that lives directly beside me.
Now for the problem!
My neighbor that owns the lot directly behind me (up on the hill), has decided that he owns the easement on our side (from the centerline 25 ft to the right) and the other neighbor at the top owns the easement on the other side. I have located his deed on-line and it reads the same as mine. "The Private Access Easement is to be shared and maintained by owners of all 4 lots."
I have had friends and family over to my house, and sometimes if my driveway is full, (it can only hold 5-6 cars, I own 3 cars myself), they have pulled off the paved part of the easement and parked in my front yard, many feet away from the paved easement, never blocking the easement, never blocking my neighbors above from being able to get up to their houses. My neighbor does not like this, he says whoever parks in my front yard is tresspassing because they have to pass over the easement grass in order to get to my grass in my front yard. He called me 2 weeks ago because I had to park my car in my yard because it had snowed and I couldn't get all to way up to my driveway, the kicker is that his son had to do the same thing in his yard. This neighbor has called the police 3 times for this, last Saturday being the most recent, a friend of my sons stopped by for 30 minutes and parked his car in my front yard. Sunday morning I had a PRIVATE PROPERTY, NO TRESSPASSING! sign posted at the bottom of my yard. The State Police have come to my house, asking what the problem is. We have explained that this is a easement to be shared by all lot, I take that to believe that I have equal ownership as the other 3 owners, how can I or anyone who visits my home be called a tresspasser if they have my permission to be here? The Police were clearly confused, and annoyed to be bothered, but they told me they could fine anyone parking in my front yard $300 for tresspassing.
I think this is insane, how do I get this guy off my back. I have my deed and I have his deed, although they are hard to understand, the technical measurements of the lots, but I have a drawing with my deed that I got when I bought my house that clearly shows my lot bordering the easement, and states that the easement is a shared private access easement. I do not have a drawing of his deed, just the measurements, so I have no idea why he things he owns the easement. He has never come down and mowed that grass, nor would I want him to. I can't even see his house from mine because his house is on top of the hill, there are 3.5 acres of land with trees between our houses.
Is this really a matter for the PA state police? I am not a common criminal, but all of this is making me feel like one.
Sorry so long, any advice would be appreciated.
Thanks,
Jeri