Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
As a lawyer, I'll tell you there's a legal solution to every problem, but most of the time it's not as good as the solution you and your neighbor could come to on your own. Before you agree to pay someone hundreds to read the language of your easement, why not have a talk with the neighbor and find out WHY he doesn't want the ATV on the road? Is it tearing up his driveway? If that's the case, it's understandable he wouldn't want the vehicle to do more damage - you solve that with an agreement to chip in for the maintenance of the road OR you agree not to let the ATV on it. Is he concerned about liability if your son is injured? It might take a lawyer to convince him there's no problem there. But to just haul off and hire a lawyer without trying to work something out first seems a bit much to me.
I am not a trouble maker, it seems my neighbor is though . There is a right of way through my property for them to get to there property. My neighbor asked me to tell my son not to ride his 4 wheeler on the driveway that is the right of way. it is my property and i am confussed about what to say. I don't want trouble but i don't want my son riding the main road either. do I have rights ? I pay the taxes on the property and i did buy it , but it's there driveway across my property ?
Are you sure you own the property? and do you pay property taxes on it.. it could be a shared road and probably a "private road maintenance agreement on it...check the plat when you bought the property.. it could outline what you bought.. you probably didn't get a staked survey, but the plat should help somewhat..
This conversation was very helpful. I am buying a property with a similar easement. The easement grant deed doc is very loosely worded and I still am unclear on who is responsible for maintaining it. But at least I understand the lack of limitations for access via the easement. Thanks! P.S. - I am buying in CA. Anyone wants to offer additional advice, feel free to do so!
In RI where I was a title examiner, I found that most easements for "driveways" were loosely worded, simply granting a right of ingress/egress to a landlocked parcel and preventing the owner from blocking it. Maintenance was seldom even mentioned in the ones I ran across. Nor was there ever a fee charged to compensate the owner for the inconvenience.
I'd make a bet that the owner of the easement (the neighbor) doesn't understand that s/he doesn't own the property only a limited right of use. Perhaps copying one of the definitions of easement easily found online might help this situation once OP finds out what the neighbor's issue is.
Typically, the beneficiary of the easement maintains the road unless stated otherwise, since the underlying fee owner reaps no benefit from the use as a driveway. This is common sense and not necessarily the law.
Unless there is a stated restriction to rights of use, the underlying fee owner (land owner) may also use the easement area but common sense should prevail. In this instance (long since resolved, I'm sure), if the son is being a nuisance with a four-wheeler or posing a safety hazard to himself or others, the owner should not allow it.
We have issues on our shared drive how ever we own the property and maintain it. Unfortuaneltly one of the home owners feel that he should have 6 driveways on his strip of land running down the driveway and its been a battle as we know as long as we give him access to his home he has access to all of his property...
Anyone know if he can actually trespass on our property and ruin our drive to get more access for driveways, is that legal?
Can't picture what you're talking about. Also, before the "old post" critics have at it maybe start a new post so people won't see the old original post and give up.
I am located in Virginia. I have very unpleasant and unreasonable neighbors who have an easement down my driveway to their property. They pull into my driveway with no consideration of anybody or anything else going out or coming in. They speed all the way to the back of my property until they reach their land where they then slow down to a normal speed. I have asked them on 3 occasions to please slow down because I have two very loved shepherds who I am afraid are going to get hit.
Yesterday the bastard hit my dog, he broke her leg and gashed her head open. He could have easily killed her, I believe he deliberately tries to hit my two dogs. I want to know if I have any rights in this situation and what I can do to prevent these half wits from tearing down my driveway like it's a highway.
Please advise, I am at wits end.
First thing that comes to mind is you have failed to keep your dogs safe. I suggest a fence, runner, invisible fence so they are not in danger of coming in contact with cars.
Nothing you can really do except call the police about them hitting your dog. Starts a paper trail. They have the legal right to drive there, may be a reckless driving issue, but police may be reluctant to do anything.
Shameful that you would be concerned that your dogs could be hit, and then they were. Why didnt you keep them out of harms way? You obviously knew it could happen. Its no different then letting them run on the road, and being concerned they might be hit by a car.
You dogs can't be too loved if you let that happen. Poor dogs.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
