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I would definitely see about adding a second driveway along the side of the property for them to use. You may have to cover the cost of gravel or culverts but in the end, it may be your best option. It would keep them from coming down your driveway and keep your dogs able to access the yard.
Wow, this whole situation sucks. I'm going to be buying a lot of property soon and now I will definitely be asking questions as for right of ways.
OP be careful. This guy may have a gun. I'm sorry for you and best of luck, but right now you may try to have to sell and move someplace else if you can. Chalk this up as a lesson learned.
Until then, some sort of creative fencing and planting might help. This can block the view of their trailer and also make the property look more attractive for whenever you sell it. You may also be able to get help from a lawyer...but be careful. You and your dogs are vulnerable and this person already seems kind of aggressive.
Ah, with more detail I'll change my original post. A speed bump can be flattened. Make a speed dip. Dig a trench that, if gone over at a high rate of speed, will bottom out the vehicles. Do several. He would have to come up with the material to fill them back in.
Oh, and lawyer up. You're going to need it. I would start by looking over the terms of the easement.
I would definitely see about adding a second driveway along the side of the property for them to use. You may have to cover the cost of gravel or culverts but in the end, it may be your best option. It would keep them from coming down your driveway and keep your dogs able to access the yard.
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Sorry, I guess I shouldn't attempt to engage brain before caffeine. I'll try to clarify.
I purchased the home I am currently living in 6 years ago. The piece of land that is located behind me was recently sold/purchased. I knew nothing of this transaction until I saw a mobile home being hauled down my driveway and past my house, breaking the limbs off my huge oak tree and tearing up the driveway as it went.
It's been six months since my new neighbors made their arrival, during which time I have tried to be neighborly, but it is clear they have no interest in reciprocating.
Suddenly my very quiet, country homestead has vehicles screaming in/out and at all hours of the day/night. My driveway is centered smack dab in the center of my property and very close to my house, So it's like having a driveway in the middle of your front lawn.
I hated to ask him to slow his vehicle down, but fearing for my dogs safety I did so in the most diplomatic way I could. This seemed to only pose a challenge to him and the opportunity to engage his "legal rights".
Soon after this discussion the speed of his vehicle only seemed to accelerate and soon his entire family joined in, wife and three adult children.
I seriously believe when this "man" hit my dog, it was intentional and malicious. He never even stopped his vehicle. I stopped letting my dogs play outside alone, so I was there to witness this horror.
The day after I brought my dog home from the hospital, I placed pavers across the driveway in an attempt to slow these neighbors from hell down. Several hours later, he drove over them with ease, stopped his p/u truck and proceeded to load his truck with my stones. I witnessed this from my kitchen window, so I went out and ask him what he thought he was doing and began removing my pavers from the bed of his truck. He then pushed me. This "man" (I use the term loosely) is my age, about 52 years old, he weighs about 6'2" and has to weigh close to 300 lbs. a pretty big guy.
I am 5'4 and 120 lbs. so it didn't take much to nearly knock me off my feet. Can you believe he ran to town and pressed charges for assault against me! He obviously was a desperate attempt to get ahead of me because he figured I was going press charges against him. So in return I had him served as well.
All this chaos is beginning to drain me, I have been fighting cancer for over a year now and this is beginning to take too much out of me. it is not in my nature to be confrontational, but it is in my nature to fight for what I believe in.
As long as these speed demons are allowed to come in and out of my driveway with no regulations, we are no longer safe on our own property.
Ok this isn't legal advice but
What he did was vandalism,theft and assault in one shot. I would of called the PD and pressed charged, get a TRO, later to be made into a RO.
Now as far as easement, this is what I would do.
You have to give them a road to get to their property. There is nothing saying you have to give them a road running through the middle of your property, you can give them a road on the edge of the property rather than through the property. I would consult with a real estate lawyer, check the laws on easement, the road, the width and the quality you are required to provide. Then I would give them the required MINIMUM amount of access required by law on the outskirts of the property. Then put a swing fence with locking bar across the road leading to your house with a no trespassing sign. Legally notify them which road they have to use. And every time they step foot on your property other than driving to get to their property call the pd
I have had the experience of 'giving' an easement. Let me tell you, there was nothing giving about it. There is no legal easement unless there are written legal documents produced that are signed by all parties and recorded at the county register of deeds. Those documents become part of the deeds of both properties. You cannot simply 'agree' to let someone come in. If you do produce a recorded easement you have the right to designate exactly where it will be located, who will maintain it, and as many rules and restrictions as you want to include. For example, you can describe how their driveway (separate from yours) will be constructed, a speed limit, how many residences can use it, etc. You can also include language about whether just the current owner can use it or whether it will remain in force when the property is sold.
An easement is a big deal. By creating this legal contract you are improving the value of the rear property, which may have NO value unless you provide an easement. You should be paid for this, and sometimes the payment is quite hefty. It is certainly worth going to a real estate attorney and stating your situation. Do not be afraid of repercussions, but do be prepared for them. For example you might see the attorney 'secretly' then establish a plan for providing information to the current land owner via a sheriff. And does the person with the mobile home actually own the land? He might just have bullied a relative to let him live there.
By allowing this to continue, you will have severely depreciated the value of your property, and as you are experiencing, this is making your ife miserable. I'm sorry if you think you have no money for an attorney but you sound like you need to find a way out of this.
Oh, and there is no law anywhere that says YOU need to give anyone an easement. They have other neighbors too. (There may be a RARE case where the earlier owner could sue you for an easement based on the history of creating the properties, but if it went to court (even more rare) you would just end up selling an easement with tons of restrictions at the far edge of your property.)
There is no way I would allow some jerk to run me off of my property.
Do whatever you need to do to find the money for an attorney.
Have the guy charged with theft of the pavement stones, damage to property, abuse to animals, picking his nose in public, etc. whatever you can have him charged with.
Get an order of protection, get video cameras, rent a few professionally trained guard dogs for a while if you can.
Keep a close watch on all of your animals and make sure they eat nothing left out on the property, it wouldn't take much for them to be poisoned.
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