My situation is this. I came home one day to find that my neighbor (A construction business) had bulldozed some of my property (aprox. 50 feet x 150 feet) and damaged or knocked down many trees. I contacted him the next day and informed him he was over the property line and not to continue. He said he was doing this for drainage but agreed not to continue. When I came home this day, I found he had done the same thing to an additional 70 x 200 feet. Over the next two weeks they dumped trash, parked old cars and destroyed this area further. I filed a police report but have not signed the warrant. After trying to resolve this issue between ourselves to no availe I threatened to sue. I need nine large trees cut down and a have very big mess to be cleaned up. His response was that because I have an easement down that side of my property he could do what he wanted. The easement is for Ingress and Egress to property to my west, he is to my south. He further states that if I sue him he will countersue claiming Adverse Possession. I have found out that he does not have a leg to stand on as far as Adverse Possession, but was told that he could go and buy the easement from the "owner" of the easement and skirt the lawsuit that way. Is this true? The property to my west was developed into a neighborhood several years ago and the easement is no longer needed (They gained access from another direction). I just don't understand how someone can buy an easement and use it for something other than its original intent or how this would negate a prior crime? Sorry for the lengthy post, but wanted to be as clear as possible.

Thanks in advance for any help or advice.

You need to consult a local attorney. Your situation is complex and to be honest too specific to try to get legal advice from this discussion site. Basically, the man is daring you, so you need to figure out how you want to respond. I suggest calling the county public health folks to cite the neighbor for trash and order him to remove it since he dumped it. Also, you may want to get an estimate for damages for the trees being cut down and sue for that also.

He cannot "buy" the easement to use. It is specific to the other property. Hire an attorney and go after him ASAP. You do need to go ahead and sign the warrant for trespass but talk to your attorney first.

Thanks for the replies. After many attempts to find an attorney that did not have a tie to this building contractor, I contacted one. He was the one who suggested that my neighbor might be able to buy the easement. He is not a real estate attorney. I plan to call a real estate attorney outside of this area asap. I already have estimates for all damages. My main concern was this buying of the easement. This has been a long and frustrating process that started back in October. I have learned alot from this site and others, but there are so many gray areas it has given me pause. Your advise has helped to ease my mind and reaffirm what I thought was correct.

Thanks again.

Where in Alabama are you? I have a good attorney here in North East Alabama area...........

I live in central Alabama just north of Montgomery.