Bully - Jerk neighbor abusing the shared easement 3 of us use (fee, properties)

[Silverfall]

I am assuming that the land belongs to the final house on the street and you and "the jerk" have rights for ingress and egress. Who actually owns the property the easement sits on matters. If the other neighbor said it was okay to park on the easement, they have the right to say that despite what you want.

So your first step is to look at the plat maps and title reports and see who owns the land the easement sits on. Then you need to read the easement agreement and see what it says. Then, if that last owner is the property owner for the easement, you'd need to chat with them about your issues as they would be the ones to do something about it.

[Jadisssss]

Originally Posted by ming ming

you're hysterical over this, i can see why your neighbor doesn't like you. Do your neighbour and your nrighbourhood a favour and move.

+1

[middle-aged mom]

Many municipalities prohibit overnight parking, including my own.

Many municipalities also prohibit standing, stopping or parking in areas where doing so creates safety issues.

[North Beach Person]

Originally Posted by middle-aged mom

Many municipalities prohibit overnight parking, including my own.

Many municipalities also prohibit standing, stopping or parking in areas where doing so creates safety issues.

That would be on public ROWs. The easement is likely private so parking codes likely wouldn't come into play. And from the photo it doesn't appear to be a safety issue since all the houses have ingress and no one is blocked in.

As a side note, this is what happens when developers are allowed to build on landlocked lots.

[Sherifftruman]

If you are going to do something, I will agree the fire department is the place to go. If they can't get trucks to the last house, they can definitely make them move the cars, private property or not. In many areas, including all the municipalities here than I am aware of, lots like that are banned specifically due to emergency services access.

That last house is getting royally screwed by the guy. Definitely worse than you are.

[Cdarocks]

The first house we bought had a similar look to this. We really hated all the left hand neighbor's cars and trailers, but we also realized there was nothing we could do and it was really our fault. We ignored it when we looked at the house. Our only choice was to move. We put our house up for sale and the right hand neighbor bought it. I guess the junk and cars didn't bother him.

Cars, boats and trailers don't bother everyone and there's nothing wrong with that. That's why there are different kinds of neighborhoods - to suit all preferences. We now live in a neighborhood where I can look in all directions and only see grass, trees, water and gardens. Nothing parked on the street, no junk outside. We like it that way. I think that is the kind of neighborhood you probably would be most comfortable in.

Caveat emptor

[20yrsinBranson]

Originally Posted by StrkAliteN

He has 5 or so cars and uses the easement that runs infront of our house as his personal parking spots. I have checked with: the local police office - fire dept and code enforcement division and there is nothing they say they can do as the easement is deemed 'private property' vs a city street.

What are my options to stop this ? Asking would do not good whatsoever as he and I are enemies and he knows I cannot stand him and I could care less how he feels about me.

An easement is "permission" for an entity (usually a utility) to access property for a specific purpose. In other words. The property still belongs to someone and the easement is not open to everybody for their use and benefit.

If you have a utility easement, that means that the utility company may enter upon your premises for the purpose of maintaining the utility. For instance, they can trim branches that might interfere with electrical wires, or the water company can replace pumps or valves, etc. If it is the phone company, they can come in and lay fiber optic or phone wires. If you have a "set back" area (required by planning and zoning, it is, technically, not an easement and remains your property as well.

Therefore, by definition, you cannot have a "shared" easement. If your neighbors' easements are contiguous with yours, the easements remain their property with all property rights that go along with it. Consequently, if the neighbor parks his cars, he may do so only on HIS portion of the easement, otherwise he is trespassing and you can certainly call the authorities to have him and his property removed.

20yrsinBranson

[tvdxer]

----

[accufitgolf]

The OP has so many complaints about his neighbor that no matter what is done, I believe he will still have issues.

Based on the photos, I would think the home at the bottom/end of the easement has more issues as they overlook all the stuff and have to drive by it.

[aaauger]

Originally Posted by StrkAliteN

I have checked with: the local police office - fire dept and code enforcement division and there is nothing they say they can do as the easement is deemed 'private property' vs a city street.

Check again with the fire marshall. Fire ordinances apply to property regardless of ownership. Fire trucks have to be able to reach structures. Call until you get someone who will give you the facts about access requirements. In my experience with commercial property, fire marshalls are decent folks who are even willing to come onsite to help you ensure compliance and safety.