My neighbor has erected a fence on my property, a few feet from his easement which is on my property, without my permission, and wishes to enclose the easement with a gate. The language of the easement gives him the right to a driveway and utilities. He claims he has a right to protect his easement from deer which pose a hazard (total bs). Deer are no more of a hazard on this driveway then anywhere else in the community. I think he really is trying to claim more property.
My main issues are that the fence is an eyesore. Part of the fence and his planned gate are right in front of my bedroom window. It restricts my free use of my property which I understand he has an easement on.
He has had an attorney write me a letter, basically stating he has a right to this fence and gate because of the deer safety issue (this is really reaching, especially since this driveway has been ungated/unfenced for 15+ years). The letter stated that I would have access with a key or something.
My options are:
-Write him a demand letter that he remove the fence and hold him accountable for any costs if I have to do it.
-Just take it down my self (why not it's on my property), and let the onus be on him to put anything up on my property.
-Hire an attorney to fight this nonsense... But why should I have to spend money when he is putting fences on my property and seems clearly in the wrong?
Note: I have a survey, the fact that the fence is on my property is not in dispute.
Thanks for the reply!