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Neighbor easement problem
I have a copy of the GA law... here's what it says:
Georgia Real Estate Law
8-26 Diversion or enlargement
"Where a grant of an easement contains no limition on the frequency or volume of usage, no implied limitations will be read into the grant by the court, but the grantee must use and operate his easement with due care of the protection of the land against damage and cannot create a nuisance. Generally, he may grade and pave the area traversed by his easement and in under obligation to keep it in good repair."
8-27
Obstructions
"Neither party to an easement has the right to erect structures on the land which interfere with the rights of the other party. The rule has been applied to fences or gates, wooden frames and buildings..."
8-30
Misuser or failure to repair
"An easement in not ordinarily forfeited by misuse, diversion, or excessive use, but the servient owner in left to his remedy in the courts by way of injuction and damages. Thus, the use of a private way beyond the statutory width of 20 feet at several points on the road was held not to work a forfeiture. But a private way arising from prescription or by statutory proceeding my be forfeited by failure to make repairs."
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Neighbor easement problem
Billy-
The answer is .... it depends.
The Georgia law was just quoted and it clearly states that the easment must be maintained. However, that doesn't mean that the user can be required to pave it and put in street lights. The user is normally required to maintain the easement in such a condition as to not adversely affect the surrounding property.
However, consider an easement which is used once a month for a farmer to get back to his property to mow. The rest of the month he's in the next county. Can you as the landowner require him to mow the easement so as to make it conform to your standards of lawn care? Probably not. If in a month it is so overgrown that it is filled with noxious weeds and pests, then you could perhaps get something done. However, the most likely "something" is to mow it yourself.
It's tough to answer specifics in this venue as the nature of the terrain can significantly impact the problems the landowner is confronting and the solutions available. Again, we're talking the general rule and generally it doesn't apply.
Eric
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Neighbor easement problem
Been reading along with all the posts, real interesting!
Since cherymax did not ask if anyone here was an attorney and could answer his question (in which case he would of got no response) I guess it is like all other answers here, it may or maynot apply to your situation.
My visual of this easment is not clear. What type of setting is this in? Is it rural and mostly woods and fields or is it in a subdivision and just a lot and house in back of yours? That would make a huge difference in how well maintained this could be expected to be. Also, how long is this drive? Like a few have said before, a few loads of gravel may go along way to solving the issue.
Have you ever considered erecting a storage building or anouther garage near the end of this? Maybe it could be a dual use drive and then would be in your benifit to maintain it for yourself as well as the "idiot neighbor"
I feel for you though. Many times fighting the laws are just not worth the headaches they bring. What you really need is a change in the winter months in Ga. Nothing like a few months of winter and 2-4 feet of snow to make a guy keep his drive atleast in half way good shape.
Good luck on your issue here and sorry to hear about an unfortunate problem you have
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Neighbor easement problem
Don't worry so much about property values unless you're planning on moving anytime soon. In the greater scheme of things, a less-than-perfect dirt road near your home won't totally destroy its value.
If you can't sleep at night, take the $ you considered giving to lawyers and invest in some nice landscaping. Consider arborvitae, bamboo, or leyland cypress. Problem solved, and the added plus is you don't risk an ongoing neighbor feud.
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Neighbor easement problem
Here is what you said in your first post!Game over in my opinion!!
"I have an easement that runs down the side of my property... it lets the village idiot into his property."
As posted by funchy!And I Agree
If you can't sleep at night, take the $ you considered giving to lawyers and invest in some nice landscaping. Consider arborvitae, bamboo, or leyland cypress. Problem solved, and the added plus is you don't risk an ongoing neighbor feud.
Dean
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Neighbor easement problem
I continue to hear people say "you need an attorney" to solve these types of problems. Based on my experience an attorney is the last thing you need. In the end - a judge makes the decision, these decisions always involve "judgement" - that's why "judges" make the decisions. No two judges will make the same decision on a case. And no attorney knows what the outcome will be. They soak you for the bill and back off at the last moment.
Decisions are usually based on common sense - you can use your own. Just don't do anything that obviously hurts the other party or is obviously vindictive. Do things that a normal person would do to maintain their property. The legal system is a waste of time and money. There is always a way around it.
Another thing I think people are afraid of is to defend thir own interest even if it makes them look mean. If your neighbor is reducing your property value then defend yourself. Don't worry about making enemies. That is the hardest thing to do in life. If you defend your property you will have lots of enemies over time. I have had people threaten to kill me because I stood between them and an easy buck.
There are lots of people out there assuming you will roll over and give them what they want because you won't take them to task. They operate by intimidation. They assume you aren't up to the task. I look like a dumb fat old jerk. Look at my pic 13 ( ). The reality is quite the opposite. In one case I had a surveyor's license pulled for 6 months. I don't need to get into other cases unrelated to land here.
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Neighbor easement problem
Now here is a guy who knows how to butter his own bread!!!
Dean
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Neighbor easement problem
The setting is rural, no fields. The drive is easily visible from my side door. It's a eye soar, and my minature dachshunds tend to play in the mud holes (which is really nice  The frogs like it though!
The drive is approx. +/- 1000' feet long, the first 400 feet are shared and the last 600 feet he uses for himself. I have maintained to first 400 and asked him for nothing. He uses it daily to access his home. He's recently moved another couple in with him... so now it's being used twice as often. I'll try to post some pics in the coming days to help explain.
2 to 4 FEET? My friend... Georgia comes to a halt with 2 to 4 inches of snow. 2 feet would create wide spread panic.
Yeah... I've already planted Emerald Green Arborvitaes alond the drive.
ncrunch32 said "...don't do anything that obviously hurts the other party or is obviously vindictive."
That's exactly what the attorney said too. As I've said before, me and this guy have had hunreds of conversations and still get along.
I see no way around this problem (yet anyway) The law says I can't restrict his use and I am left to the courts.
I can assure you this guy isn't intimidating at all. I, however, prefer not to go the "abusive route" (no offense intended)... it'll only lead to him suing me for harrrasment(sp).
ncrunch32 said " If your neighbor is reducing your property value then defend yourself."
ummm? he's not pulling a knife on me 
According to the law (which I think is a real bad idea to go against) I'm left to the courts. I really don't know what else to do... That's why I was wanting to know if anyone had sued someone and recovered the cost... I could care less If I hurt his feelings.
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Neighbor easement problem
I had a problem with a neighbour when I was in the city. Well, he had problems with me too, but his tactics weren't at all direct and drove me wild.
After talking with my lawyer to check my legal responsibilities in the situation I talked to a community relations outfit in the police department. They referred me to a community organisation that provided conflict resolution services. Basically, the organisation contacts all parties to agree to accept mediation services and provided a panel of experienced mediators.
I imagine the mediation takes various forms but ours required us to write out a description of the problem and both appear together before the panel to present the problem. The panel prepared a summary in the form of a non-binding contract that was signed. I agreed to do some things and so did my neighbour. We both gained something but neither of us entirely got our own way.
I can't say the services rendered us buddies or anything, but the mediation did manage the problem and likely far better than a legal route. The big thing is that you appear before the panel and the other party alone--no hired mouthpieces and arcane legal stuff to muck up a solution. The trouble with legal routes is that then tend to produce one winner who is judged 'right or damaged' and one looser who is judged wrong. The real world is seldom that clear.
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Neighbor easement problem
Cherymax, I agree that all my statements might not apply in your case. Just some principles that come to mind - I get heated up whenever these discussions come up because I have had to defend my land on 3 occasions. None of these were situations I initiated. As often in residential areas where boundaries are clearly defined as in mountain land!
In your case I would think there are few options since this guy (supposedly) has a legal easement. Also I doubt that you will recover any legal costs and you will spend more than $1000 on this.
Questions I have:
1) Why can't you totally hide the easement with trees or bushes - maybe place them on a berm? How large are the trees you've planted? Its hard for me to believe you can't hide such a narrow piece of ground from your view. I recently transplanted 20 large burning bushes to hide a portion of a road - worked instantly, even from a high vantage point.
2) Since you have a tractor how much work would it take to fix the 600' of easement that he uses alone? Wouldn't you be able to swing a box blade through there a couple of times a year and clean it up? Yes, you would incur some cost but how much cost and effort would that be? It would also let the other guy know that if he doesn't maintain the easement you will maintain it the way you want to. You own the property.
Take the money you are going to lose (thousands) on legal options and instead use it to improve your property. Fill, tractor attachments, privacy screening, or whatever. What if you have to go through the same situation with another owner someday?
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