'WIBTA if I sued my neighbor for trying to steal property by building a fence around it?'
"WIBTA if I sue to my neighbor?"
Unclejoedaddy writes:
We moved to our home 24 years ago, in July 2001. The road we live on is dirt and not maintained by the county. We immediately started maintaining the road. We bought a tractor to grade it, fill in holes, maintain ditches, and keep it drivable. We alone have provided maintenance for the road and have never asked for money or help. We figure we’re going to use it, so why should we care if others benefit?
Our neighbor, who lives past us, has been there since the 1970s. He also owned property closer to the public highway and 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 (an easement in legal terms) originally went right through the middle of the two 10-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. Wanting to be good neighbors, we rerouted the easement to the side of his property at our own expense. We spoke to the owner of the land beside his, and he agreed to give us 15 feet, while the son agreed to give 15 feet. We had to clear land, bring in clay, and build a road.
We continued using the original driveway that connected to the highway, so the easement still extends 15–20 feet onto their property. The driveway was paved years ago by the state during road improvements.
Recently, they built a fence halfway into the portion of the road that connects to the driveway. Keep in mind, they have no other fences on their property, no animals, and the fence is only 100 feet long. Its only purpose is to block access. The fence forces us to drive through a sandy area, which causes the garbage truck and small cars to get stuck.
We talked to a lawyer years ago, and we know they can’t do this to an established easement—they can’t block access. He also said that if they did, we shouldn’t 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 feet he has given, build a new driveway connecting to the highway, and restrict access to his father?
Here are the top rated comments:
supermarino says:
NTA. Get a real estate lawyer and do it legally. If you decide to move the road, or whatever, as part of the process, that's fine. Just go through the courts so it is all handled correctly and the owner realizes that this is something real and serious.
mm1palmer says:
NTA. You have been more than accommodating only to be disrespected. Consult with a lawyer. I wouldn't sue immediately. Probably best to have a lawyer send a cease & desist letter first. Was the original easement ever legally terminated? I can be vindictive and if the old easement is still legally valid, I would consider going back to using the old driveway.
Money-Possibility606 says:
NTA. It's never TA to prevent someone from causing you harm, damaging your property, threatening your physical or emotional safety, or doing something that is blatantly illegal. What neighbor is doing is illegal, stupid, petty, and just plain mean. Sue. Proudly and confidently.
Basilsainttsadface says:
NTA. You tried to do the right thing once and it didn't work. You're kind of in a damned if you do damned if you don't situation. If you do sue, they guy may be an even bigger jerk. It might be time to move. Life is too short to deal with A%^&ole neighbors.
What do you think?