We're in New Mexico.
We access our property via a 25'-wide easement over Neighbor A's property. Neighbor B (adjacent to Neighbor A) has planted trees outside hsi property, and they're infringing on about 4-6' feet of our driveway. We've asked him to move them. Neighbor B is now saying there's a 12'-wide irrigation easement, 6' on his property and 6' on Neighbor A's property, and that 6' is also on our driveway. He's saying that if we make him move his trees from our access easement, he's going to dig a 12'-wide irrigation ditch, which till take away 6' width from our driveway. :wallbang:
The irrigation easement is shown on the survey for Neighbor B's property, but there's no book/page and I've been unable to find a recorded easement. I don't know if it's shown on Neighbor A's survey. The irrigation easement is also mentioned in our legal description (the easement part), but again, can't find it recorded, can't find a book and page. It's just a very vague reference, doesn't say if it's for intalling an irrigatin ditch, or just for accessing an existing/different irrigation ditch, doesn't say who it was granted to or when, no details..
I've asked the title company to research this, but it's slow going. So what happens if in fact there is a recorded easement for an irrigation ditch, and that overlaps our access easement? Obviously we can't drive with 2 wheels in an irrigation ditch, and the same patch of land can't be used as both a driveway and an irrigation ditch. Is the title company in any way responsible for not catching this? Is the attorney who drafted the 2nd easement responsible for the error? If in fact 2 easements with "conflicting" uses were granted over the same patch of land, what happens:
1. Do we just lose part of our driveway (we have a big hrose trailer and truck, and a 19-foot driveway isn't adequate)?
2. Does the access easement have to be moved to start at the edge of the irrigation easement (meaning Neighbor A loses more of his land)?
I would sure appreciate any help anyone can offer. VERY confused and worried at this point!