If my property had an easement or right of way, would it be on my deed?
An easement is legally defined as the right of one upon the land of another. It can be written, permissive, or acquired thru usage over a statutory period of time. An easement MAY be included in the written description of the property included with a deed, but it may also exist as a separate document (if it is written). Your best (and easiest) source for that is to examine the title report that came with the property (or the "prelim" ). If there is a written, recorded easement it should be in there (but title companies make mistakes too). If it is NOT a written document then you will need to talk to the neighbor and get a copy of his deed. Given that let's examine the two issues: Your easement: You have a reference to an easement across his property and you have been using it. for a protracted period of time which amounts to his acknowledgment of the easement. If he closes it off or bars you from using it you can (and should) take legal action to have it restored. If you FAIL or do NOT take action then, by not using it for that same statutory period of time, the easement will likely be considered as abandoned. His easement: "What's good for the goose.." If the neighbor has been using your driveway for a period of time he too has acquired an unwritten but perfectly valid right to continue to use it. You can build a gate... but you will need to give him the key. If you do not he can address the matter in court and likely prevail.... then you WILL have a written easement as ordered by the judge. So.. you both have yourself in a p*ssing match here and you are both potential losers in a legal fight. Why not man up on it and sit down and BOTH of you work out WRITTEN and specific easements. Have your surveyor craft legal descriptions for them and then sign, notarize, and record them so that neither of you has disclosure problems when you go to sell the land. In the long run, if you do not it will likely prove to be a very expensive and unnecessary fight.... good luck... (Prescriptive Easement is likely MUCH less - in most states it ranges from 1 to 5 years... Perhaps you are thinking of Adverse Possession which is something entirely different and not applicable in this case )
A neighbor has a flag on their property, but it blows over our property line. Is there a legal recourse for the flag crossing my property line?
It’s almost certainly a building code violation.A pole capable of supporting a six foot flag would need to be permitted construction. Find out if it was permitted. If it wasn’t, they will have to get approval (which you can dispute, and win), or they will have to tear it down.Likely they will have to tear it down.This is an encroachment of your airspace.In Idaho, you are not entitled to a specific view.Alternately, take the other persons suggestion and get a permit for a large firepit, under the flag, and wholly on your side of the property line.Provide the neighbor with a copy of the permit “as a courtesy, since it will likely start their flag on fire”. You probably will not have to actually build the firepit, and pulling a permit like this is relatively cheap.Typically, property line disputes like this — and jackass moves like flying flags over the line — tend to arise when an adverse use easement enters into things. They get pissed that you get partial use of their property (usually a new owner), and so they make themselves a pain.By the way: if you are in rural Idaho, I’d say you’ve likely built your house annoying close to the property line, and they are merely demonstrating this annoyance by pointing this out to you, in an annoying way.If it’s a property line dispute, I’d ask them to go to arbitration to avoid a lawsuit.Then, in arbitration, I’d offer to pay the costs necessary to move the flag pole. The arbitrator would likely consider that a reasonable compromise, even though that would have been your intent going into the meeting in the first place.Otherwise: buy window blinds.
How can I stop annoying neighbors from pulling into my driveway?
Put something in the driveway (your trash cans?) or across it (like some wood across a couple of sawhorses). They'll get the idea. Also, it's not going to hurt the concrete (like sag it or anything), but it does get tire marks and maybe dripping oil in the driveway. Also, believe it or not, it's illegal in England to use someone else's driveway to turn around like that. It's considered trespassing.
Can I legally forbid people from using my private driveway to reverse their car or do a 3 point turn? I'm in England.
“Can I legally forbid people from using my private driveway to reverse their car or do a 3 point turn? I'm in England.”Caltrop.The driveways is private property, so you have a few options. You can post a simple sign that says that the driveway is not for turning, you can hang a plastic red/white chain to form a physical barrier, or a real wooden fence.If you want to be ultra aggressive you can think about putting down caltrops or a road spike mat:Unless people flatten your shrubbery or murder your roses with their cars, I’d probably leave away the caltrops. See it more as a service to strangers to allow them to use your property to turn their cars. You don’t want to get into legal trouble over other people being inconsiderate drivers. The world is full of them.Edited to add:People rightfully complain about my suggestion to place actual caltrops on their property, citing the lawsuits that could follow when these spike mats damage tyres or maim pedestrians. My advice was meant to be tongue-in-cheek, but if you want to place spike mats, check out these road spikes:They look real, but you can drive over them, because they’re made from rubber.I won’t put a link to a retailer here, but you can find them by googling ‘rubber driveway spikes’.See also: Fake Car Spikes To Prevent Cars From Driving Where You Don't Want Them
Why do people get so worked up about you using their driveway to turn around?
It might just depend on who is doing it and where.It was sometime in 2014, I think. My wife’s family lives at the end of a gravel road. Most new visitors drive slowly, minding every bump and dip along the way, wondering just how long it winds on for. A few friends visiting for the first time have lost themselves on the way. It doesn’t help that this part of the Santa Cruz mountains is just outside the reach of those cellphone towers disguised as palm trees, so best download your maps or make your calls beforehand. It can be a challenge!My partner’s family’s home is at the end of that road. Right before the end, it takes a sharp turn and forces your car to rev up as you fight that uphill slope. You can scare your passengers if you take it quickly! The dirt will also fly off behind you it you don’t build enough momentum right before doing the uphill turn.Anyway.Sometimes bulky vehicles come up. Routine services like the septic tank for example. This one time, though, a fourteen wheeler of epic proportions drove right up to the very end of the gravel road. The guy driving it probably realised he was way off course, looked at how long he’d have to back up the way he just came, and weighed his options. He then took the sharp uphill turn… and got stuck.Not knowing what to do, he kept driving up, and trying to make a U-turn. I can only imagine that a truck like that has a turning radius comparable to a small football field. Imagine then, my wife’s dad, getting ready for work, finds out that the one road out is blocked horizontally by this dude.It took several hours to get the truck out of there and the road was torn up by the effort.The funniest part was, the truck driver was using Mapcity to get around! Who even uses Mapcity these days? Anyway, it took him where he shouldn’t have gone and it cost everyone many hours.Now you tell me why people can get so worked up about you using their driveway to turn around.
Having a problem with an easement driveway?
I just bought a house at the end of March of this year (2010) never, throughout the entire time I was in contract did anyone mention nor was it shown on any paper work that there was an easement on my property. Now the neighbor is trying to tell me what's what. To give a tip on the type she is, she also told me that she'd like it if i would cut down the huge silver maple in my back yard (the only tree in my back yard). So she hasn't started out on my good side. Anyways, the past week my deed came in the mail and in the property description at the very end it says, "Excepting a 10ft space on the north side to be used as a driveway for home sites one and two of Lyons." That's all it says about it. Looking from the rd that goes in front of our houses, they are side by side, you have to go down the alley on the left of my house, you get to the driveway which runs the complete width of my yard, which then continues about 10 foot onto her property and leads to her garage. She won't let us back up and put the bumpers of our cars on her property (she expects us to back out of our driveway and then continue to back all the way down that 69 ft stretch), but now I HAVE to let them use the entire 69 ft of driveway. Oh and also, the very first day she told us we could not park on it, but yet she's always having people park on it, when its ON my property. Is there anything I can do about this? I'm 20, this is my first house, I'm asking for help, so if you just have a smart *** comment keep it to yourself. If I knew, I wouldn't be asking. Thanks!
What should I do about this fence dispute with my neighbor?
A few months ago me and my neighbor both mentioned we were planning to fence in our backyards. I suggested to him we could save some money by sharing a boundry fence. He refused that offer. I put up my fence first and I purposely put the side fence 6 inches off the surveyed property boundry because I didn't want to share the fence with my neighbor. (Unless he was willing to share the costs) Yesterday he started his fence and it's clear he's trying to connect with my fence in a manner which gives him free use of a large length of my fence. This despite the fact that the existing fence is clearly on my property. It's clear to me he's attempting to get something for nothing. His plan all along was to wait for me to put up my fence so he could incorporate some of my fence into his backyard fence. Part of me wants to say, "Is going to be worth it, to start a war with my neighbor?by taking legal action against him? Is 6 inches of dirt worth all that trouble? The other part of me thinks, "If I don't make a stand on this obvious encroachment onto my property, then for the rest of my days in this home he's going to think he can walk all over me on any other neighbor dispute that may come up in the future." A note of importance is we've already had to complain to him on three seperate occasions his electric guitar and drum set were loud enough to shake our walls. So obviously he's not the kind of person who cares much about his neighbors. Should I take action against him? or Should I just let this one go?