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Neighbor disputes can get expensive, especially when access and easement is involved.
One homeowner maintains a private road for decades.
Then a neighbor blocks part of it.
See why court suddenly feels reasonable.
WIBTA if I sue to my neighbor?
We moved to our home 24 years ago, July 2001.
The road we live on is dirt and not maintained by the county. We immediately started taking care of the road. We bought a tractor to grade it and fill in holes, maintain ditches and keep it drivable.
We alone have provided maintenance for the road and never asked for money or help.
We figure we are gonna use it so why do we care if others benefit.
That turned out to be a mistake.
Our neighbor that lives past us has been their since the ’70s and also owned property closer to the public highway. He gave two 10 acre plots to his two sons. He also sold 5 acres to someone else. That property is adjacent to ours.
Our private road (easement in legal terms) originally went right through the middle of the two ten acre plots he gifted his sons.
One of his sons complained for months and threatened to block access. He happens to own the property at the public highway.
We wanted to be good neighbors and, at our own expense, we routed the easement to the side of his property.
We talked to the owner of the land beside his and he agreed to give us 15′ and the son agreed to give 15′. We had to clear land, bring in clay, build a road.
We did keep using the original drive that connected to the highway and to do so the easement is still 15-20′ on their property.
The drive way was paved years ago by the state while doing road improvements.
They gave an inch and their neighbors took a mile.
Recently, they build a fence half way into the portion of the road that connect to the drive way. Keep in mind, they have no other fences on their property, no animals, the fence is only a 100′. It’s only purpose is to block access.
The fence cause us to drive through a sandy area that causes the garbage truck and small cars to get stuck.
We talked to a lawyer years ago and we know that they can’t do this to an established easement.
They can’t block access.
He also said if they did, that we should not just run over it. My first thought is to relocate the easement again at our cost, just to keep the peace.
But then I wonder, will they just keep pushing?
Should I just move the easement again? Should I sue them to remove the fence?
Or should I talk to the neighbor next to him to gain a little more than the 15′ he has given, build a new drive connecting to the highway, and restrict access to his father?
Here is what people say.
A lawyer is a must.
Interesting.
That would help, but what about guests?
It’s not sustainable!
If you enjoyed this story, check out this post about a family who finds a technicality in the law that allows them to keep their pool after their neighbors report it.
Being a push over encourages more entitlement.
OP had already rerouted and maintained the private road at his own expense, only for the neighbor to partially block the established easement with a fence.
Folks online overwhelmingly said he was NTA and urged him to stop accommodating the neighbor and handle the easement legally.
After 24 years of roadwork, apparently the final maintenance tool is a lawyer.
