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Neighbor easement problem
Where I come from an easement is the right to traverse the property. Where does it say anything about maint. He uses it YOU maint to your satisfaction. Been there done that.
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Neighbor easement problem
Cherymax;
Consider yourself lucky if this is all your village idiot does.
Compare it to the performance of my village idiot and his 20 year old idiot son--
* Violates driveway easement (described in deed)
* Theft
* Vandalism
* Trespassing (they steal the no trespassing signs)
* Arson
* Litters on my lawn (bottles, cans, scrap wood, limbs, etc)
* Dogs (three) run free
* Disturbing the peace with late nite parties
* Lies about all the above
This is just a brief summary. After they moved in over two years ago I would complain to the senior idiot about their activities and he would usually not understand that it was a problem. After about two years and a new 980 foot long fence this summer and two approx 1000 pound electric poles as barriers,I have been getting the police involved. This has all helped.
The theft and other damages have been small on each occasion but the total over two years would be several hundred dollars.
This is not a high crime area but an upscale township near the city.
Hope you feel better about your idiot.
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Neighbor easement problem
Cherymax,
I would like to express my $.02. Did you purchase the property with the driveway access already existing? The plat you refer too, is it a development plat (subdivision) on file at your county courthouse? If it shows an access easement and/or the access was there when you brought the property, the individual has the right of ingress/egress. If either of these are true don't waste you money on an attorney. Another tid-bit, normally prescriptive easements only become effective after 15 years of use.
A deed of warranty doesn't always show all easements or right-or-ways. Attorney's are lazy and do not always do the needed research, or it was done by a legal assistant.
I would suggest you contact your local Planning and Zoning department. They maybe able to force the individual to properly maintain his right-of-way.
Good luck.
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Neighbor easement problem
Yeah the driveway already existed.
The "plat" I refer to is a line drawn map showing individual property lines, pins, and lat/lon corrdinates for each individual property. My warranty deed references the plat. I don't/won't live in a sub-division 
The plat does show an access easement.
Don't waste my money on an attorney to try and block him? or Don't waste my money on an attorney trying to get the land maintained? I think he has legal access... but he's also legally required to maintain his access.
Prescriptive easements vary by the state... In GA it's 5 years.
Quote: "I would suggest you contact your local Planning and Zoning department."
hmmmm... wouldn't the zoning office only cover things that were "zoned." You think the county has a zoning ordinance on easement?
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Neighbor easement problem
With the plat showing the access easement and being it was existing when you brought the property, you are stuck with it. In Kentucky, Planning and Zoning departments, at least in my county, also employee the inspectors. Maybe there is a county ordinance that would allow the inspector to deal with the individual, mandating he improve the access easement. It would be worth a try.
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Neighbor easement problem
I appreciate your input, but... I think you have too little information to say whether or not I'm "stuck with it." The lawyer working the case has seen the plat, researched the law, and has a law degree... and he's not even sure I'm stuck with it. Needless to say the laywer hasn't impressed me. Regardless... that's gettin off track.
The law says my only recourse is through the courts. I'm really looking for someone who has been to court and I'm wanting to know if they did or did not recover court cost.
Yeah your right the planning and zoning office would be worth a try.
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