Hi, My husband and I purchased a property several months ago. Upon the signing of all documents and easement was discovered on the driveway. The easement was an easement of bias and the attorney handling the closing assured us the easement was no longer valid and would not be an issue. After moving in the easement has become a huge issue. The amount of traffic is very heavy. The average rate of speed for the other individuals is far too fast for a graveled driveway. We have small children and it is no longer safe to allow them to play outside. The reason for this is because there have been several instances where other users of the driveway have come up the drive so fast they lose control of their vehicles and swerve into our yard. The lawn is now a mess, as is the driveway due to the constant abuse.

The Sheriff's Office has been called out several times, reports were filed and then we never heard back from anyone. When we try to call and inquire we are told there is no report on file. We then proceeded to take up the matter in Magistrate Court. Again to no avail. The entire situation has now escalted to where the neighbors now casually drive across private property that had not in the past or present been part to any easement.

What can we do now? We are not very well off at all and have spoke to several attorneys, but are not financially able to obtain the services of an attorney to litigate this matter. My children have been hit by gravel kicked up from the excessive speed of vehicles. I was hit by a vehicle as I crossed my property where they are driving, but have no easement. NOTHING has been done by local law enforcement or the justice system about any of this.

The only advice we have been given is to either hire an attorney for litigation or completely fence in the property. We can't afford either of these.

Are we handling this properly or have we gone about it wrong? Any ideas, suggestions or advice would be most welcome. We are desperate and would love to reclaim our property as our own so that our children can enjoy the space they me and my husband work very hard to pay for.

Thank you in advance for any help.


Some additional information;

The property we now live on was purcahsed through a public auction due to foreclosure. The neighbors are the former owners. The easement was put in just after the foreclosure proceedings began. Does this play a part at all?

It could be a major reason, if the neighbors are trying to be a nuisance to get you to leave. There are irrational people who blame the purchasers of a foreclosed property, instead of themselves for not being able to pay the mortgage.

Did the easement result from the remaining piece of property becoming landlocked once the properties became owned by two different people?

Yes, I do believe they would be landlocked, however, we have offered to give an easement in another area of the property that would be a more suitable location for all parties involved. The current driveway runs two feet from an exterior door of our house. The door cannot be used for fear that we will be run over by a vehicle. If the neighbors could slow down, cut down on some of the traffic and not try to destroy the existing driveway we would have no problems with an easement. Unfortunately, they will not even consider these requests. And I and others must keep in mind that legally no easement exists. The landlocked situation was created by the previous owner of our property who just happens to be the neighbor we are having the problems out of. We have done research on all documents concerning the property that are on file at the courthouse and made copies for our use. Can we put gates up to disallow the use of the driveway since the easement was dissolved at the time of the foreclosure? If we do put gates up what are the legal ramifications of such an action?

Another issue we have is we have been told that if anyone should wreck on our driveway we can be held liable since no legal easement exists. Is that true? My concern is there is a woman riding small children in and out that are not being restrained in seatbelts or infant/toddler car seats.

Unfortunately you will need the services of an attorney. There is no quick fix self remedy. So long as the easement exists you can not fence in your property. The easement document should define where the easement runs. You can fence in any area that does not obstruct the easement.

Your neighbor is landlocked - if there is no other feasible access route to their property then they will always be entitled to an easement. That does not mean that they get to drive right beside your house. You could apply to have the easement moved to a more suitable location on your property and set terms of useage.

As far a legal liability in the event of an accident - depends on the circumstances but as a the land owner, you are under certain obligations to ensure that visitors are not placed in harm. Consider posting signs indicating a roadway. Also consider speed bumps to slow them down.

We have more information on easements on our website that might be of assistance to you. www.buyingahouseandsavingmoney.com

Steve @ www.buyingahouseandsavingmoney.com

Thank you for your input.

We are in possession of a document that was received from the attorney that closed the sale stating that the easement was null and void at the time of foreclosure and resale of the property. We only let them use the existing driveway until they could make other arrangements. They are landlocked, but not just by our property. They own another piece of property adjacent to the property they live on. It has been 8 months now, plenty of time to make the changes neccessary. My question is since legally the easement was dissolved can we fence in the property and block their access?

My question is since legally the easement was dissolved can we fence in the property and block their access?

Until you get a judgment from a court saying so, the easement is not dissolved.