Driveway Dispute in Pennsylvania

[pbandj]

That's what I'm looking for - the path of least resistance. We had a friendly relationship with the neighbors before all this, and of course, we never had malicious intentions with paving the driveway. It's such a shame that we can't just get along.

[kandi6]

To take it and pave it is to "possess" it. An easement is for use. However, in this case, they didn't have a prescriptive easement or were ever granted an easement at all. They took possession of someone else's property and deprived them use and enjoyment of it (a nuisance), since the inches of driveway they took of their neighbor's couldn't be used by them and the neighbors couldn't use the entire driveway.
"Easements give an easement holder the right to use or to prevent the use of property he or she does not own or possess. This places the easement holder and possessor of the servient estate in the unique position of simultaneously utilizing the same piece of land.
Its nonpossessory nature is one of its primary but often most confusing characteristics. It allows the easement holder to use property that he or she does not own or possess. But it does not allow the easement holder to occupy the land or exclude others from the land unless they interfere with the easement holder's use. In contrast, the possessor of the land may continue to use the easement and may exclude everyone except the easement holder from the land.
If a court determines that the servient estate is unduly burdened by an unreasonable use of the easement, the servient estate holder has several remedies. These include injunctions to restrict the dominant owner to an appropriate enjoyment of the easement, monetary damages when the easement holder exceeds the scope of his or her rights and improperly injures the servient estate, and in some instances extinguishment of the easement. Likewise, remedies exist for interference by the servient owner. Interference with an easement is a form of trespass and courts frequently enjoin the obstruction of an easement and may order the removal of encroaching structures at the servient owner's expense."
Concrete cutters aren't that expensive.

[Mr. Knowitall]

You're making a lot of generalized statements and assumptions, without presenting any authority to support them. Are you a summer clerk somewhere?

[pbandj]

Regarding the comment, "They took possession of someone else's property and deprived them use and enjoyment of it (a nuisance), since the inches of driveway they took of their neighbor's couldn't be used by them and the neighbors couldn't use the entire driveway."

I guess my point was that they had never "used" or "enjoyed" it as their own. Even before they bought the house, it had always been used a driveway for my property. They have their own separate driveway.

It's a moot point anyway, since we're just going to shift the driveway so it's 100% on my property.