Neighbor Access easement delima (West: real estate, lawyers, fence)

[BillyBob3]

Hi - seeking some advice.
For many years, I've given my neighbor an easement to drive along the West boundry of my property in order to access a public road. This hasn't been a problem until the property that joins our West boundries recently sold. The new owner put up an 8 foot wooden fence along the entire length of the property line (mine and neighbors West boundry) - the city made him reduce the fence to 4 feet 40 feet back from the public road. Even at 4 feet, the fence obstructs the view for driving. We've already had some near accidents with my neighbors using the easement and my wife entering our driveway from the public road.
the City says the fence meets the code and nothing can be done - Now the new owner is seeking a variance from the city to raise the 40 foot section to 6 feet... This is simply unacceptable to me as it would be very unsafe.
Any suggestions on how to approach this issue? I plan to attend the City Council meeting later this month but appreciate advice. I would prefer the fence were made to allow observation of oncoming traffic - i.e. chain link, etc.

[pont neuf]

You need to put up some mirrors. Your neighbor is entitled to put up a privacy fence on his own property. If mirrors won't solve the problem, then you will have to blow your horn during the daytime. Do you have a privacy fence on your property?

[BillyBob3]

no privacy fence on my property. We are on 5 acres and other properties are roughly the same size. Thanks for the answer - not what I wanted to hear , but it is objective.

BTW: In preparing my letter to the city council I looked up the properties on the newly available county GIS/Tax web site and discovered that my 'landlocked' neighbor actually owns adjacent property with access to a public road, even though they have driven on our land for over 20 years.
Does it make a difference (that my neighbor isn't landlocked) if I want to close the easement on my property because of the new privacy fence and unsafe condition?

[NWS]

Billy I wish you luck with this. I'm no expert but the wide fish eyed mirror trick sounds the least expensive.
You said you have "given" access to your driveway. Was anything put in writing? I would guess, if not, you could take access away. Probably lose a friend. He may take you to court for doing it since he has had the access for so long. since you have 5 acres is the driveway like a dirt road or blacktop or something? I was wondering, if dirt or gravel, if at the end of your driveway you could start curving it away from the fence creating a flowerbed area close to the fence wide enough that by the time you get to the end you would have full visibility.
Is it possible to widen the driveway at least 20-40 feet so it would be wide enough for two cars if one was exiting and one was entering? Maybe your back neighbor would pay for this regrade if he still wants access. I would also try posting a similar post in the real estate section of city data about the easement questions. There are a lot of lawyers that hang out there and maybe can give you better advise.

[BillyBob3]

NWS thanks for the advice: The access drive was already in place when we bought the property and the 'encroachment' is drawn on the plat, so it has been there for quite awhile. However, I never knew the neighbor had another way out - it has always been presented as the only access.
The public road is only one lane, so I'm not inclined to give up any more property to make a two lane access drive when my neighbor has had another way out for years.
Again, appreciate the advice - think i'll mull over this and calm down before proceeding.

[nancy thereader]

That is interesting that he has always had another route out. You all must have a lot of property. Is it all developed?

[NWS]

Originally Posted by BillyBob3

NWS thanks for the advice: The access drive was already in place when we bought the property and the 'encroachment' is drawn on the plat, so it has been there for quite awhile. However, I never knew the neighbor had another way out - it has always been presented as the only access.
The public road is only one lane, so I'm not inclined to give up any more property to make a two lane access drive when my neighbor has had another way out for years.
Again, appreciate the advice - think i'll mull over this and calm down before proceeding.

If the 'encroachment' on the plat it may be tough to get off without legal council to prove he has another way off his property if he builds a new driveway on his land. Maybe someone on the council could advise you on a course of action. Try calling one of their offices. I know you don't want to have to spend big bucks to deal with this.
Here is a website with cases close to yours. Maybe you could ask there.
It can get ugly real fast as you will see in the second link


right of ingress, egress and regress - WORLD Law Direct Forums
Easement - WORLD Law Direct Forums