How to Stop Neighbors From Using My Road to Access Their Property, No Easement
My question involves a private driveway in the state of: Mississippi
This road is the same easement that I posted about in my thread regarding heavy commercial vehicles and maintenance of easement.
I have two neighbors to my north that are using an existing private dirt road located on my property (my driveway) to access their property and have been doing so for around 20 years. They do not have easement rights to this road, only verbal permission. Their easements are located on the rear of their property and does not come anywhere near my property.
The problem I am having is beings my property is cleared (no trees) and theirs is thick woods, the driveway had slowly crept to the south. Over the years, I have tried to keep their trees trimmed and the driveway located to within 15' of the property line but I just couldn't keep up.
I figured a good solution because I own livestock and needed more pasture ground would be to erect a fence in such a way that a vehicle would have 15' of clearance between my fence and my property line and force my neighbors to use the 15' provided and to stop the encroachment onto my property to dodge tree limbs.
When I started this fence, I was met with heavy resistance and some even claimed they have a right to claim adverse possession and threatened lawsuit(s). So even though I knew where the property line was located, I hired a licensed surveyor to survey the land again (previous survey was about 10 years old) just to cover my bases and make sure I was putting the fence in the correct location.
So, my question is:
Beings these two neighbors have only verbal permission to use my drive, and have legal documented easements to their property that is nowhere near my property, how would I go about forcing them to use their easements and to stay off my private drive?
I feel that I have maintained this road - with no or extremely little help from them - for long enough, I have photographic and financial proof of my maintenance which has cost me a great deal over the years in both time and money. I have never minded but over the years, the traffic over my drive has increased tremendously and I just cannot keep up, I have asked them for fuel money for my tractor and for them to 'chip in' on rocks and or dirt to be hauled in but have received nothing but complaints when the road needs grading.
I have thought about sending the two neighbors a certified return receipt letter informing them that their verbal permission to use my road is being revoked and a fence will be erected on my property line in 90 days which would block their access and would force them to use their legal easements. The reason I would give them 90 days is I am not sure if their legal easements are cleared and drive-able with the average automobile and would like to give them enough time to make any improvements that may be needed to their easements.
I apologize for the long post and appreciate any suggestions or input.
Re: How to Stop Neighbors From Using My Road to Access Their Property, No Easement
I think the fence is an excellent idea.
I would recommend that you discuss the letter idea with your attorney as to content and timing for rescinding permissive use. It's worth the money to have the lawyer write and send the letter.
For an interesting discussion of prescriptive easements in Mississipi:
www.mssc.state.ms.us/Images/Opinions/CO37843.pdf