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Neighbor easement problem
Glad you aren't my neighbor. ;O)
Your first HUGE mistake was having a lawyer send a letter to the guy instead of talking to the guy directly. Now you have alienated him and made an enemy. Good luck getting him to do anything except find new ways to give you a hard time and irritate you.
If there is no easement specified in YOUR warranty deed, then your neighbor has no easement across your land.
My suggestion would be to visit the county court house register of deeds and ask for copies of all the deeds to properties that surround your neighbors land. (they are public information) My guess is that he does have an easement across one of those other pieces of land that ajoins his.
Should that be the case; tell him verbally and now in writting since you now have the lawyer involved that he has no right of way easement across your land and show him where his right of way easement is specified in the deed of one of the other properties joining his. Then put up a fence to block the area he was using and about 20 tons of dirt or rock to block the way would be a good back up.
Bear in mind that if he has no right of way easement anywhere to his property, he cannot be land locked legally. Since you have allowed him to use your property for access to his, you have establish a precident and he most likely will be granted an easement by the court across your land. The fact that you allowed this to happen over a period of time also will bolster his case. Should this indeed end up being the case and he is granted use of the easement on you land and the easement is added to your deed and you continue to keep after him about maintaing the road; he will have substantial grounds to file suit against your for harassing him and his right to access to his land and right of way. The judge is NOT going to like that.
My unsolicited advice would be to hope like hell that there a is right of way easement to his property specified in the warranty deed of another ajoin property to his. Should that NOT be the case; better develop a taste for some humble pie and make friends with the guy and work the issue out with him in an amicable manor.
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Neighbor easement problem
Sure, get those attorneys involved. I bet you can have $10,000.00 tied up in this mess before it is all over with. Maybe even more. ;O) If the other land owner has been using this access and you let him; it is pretty much a forgone conclusion he will have standing in court on this issue. It will be very likely he will prevail unless there is another right of way easement already granted elsewhere.
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09-01-2004, 20:52 
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