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  1. #1
    Join Date
    Apr 2013
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    28

    Default Neighbor's Use of Our Personal Road

    My question involves an easement in the state ofa
    I have a court signed document showing a right of way that is suppose to be used by my neighbor it was signed and stamped in 1961 it has been surveyed since he has to put the road in he decided to use our personal road that we built we have called the police to stop him from damaging our road other parts of our property but they will do nothing what can I do to get the police to enforce this court document.

  2. #2
    Join Date
    Nov 2013
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    6,702

    Default Re: Easements

    I can't understand what the circumstance are here. Do you think you can write a more coherent question?

  3. #3
    Join Date
    Dec 2008
    Posts
    627

    Default Re: Neighbor's Use of Our Personal Road

    Unless you are shooting at each other the police will do nothing, just call it a civil matter and walk away.

    You could always fence off your drive so the neighbor can't get from the drive to their property, if the neighbor then damages this fence contact the police to report vandalism to your fence.

    Contact a lawyer and pay them to write a cease and desist letter to the neighbor explaining that your driveway is private property.

    This problem is just going to continue till you throw some money at it through one of these or other methods. The sooner you get this behavior stopped the better.

    P.S. as mentioned above paragraphs and sentences are your friend when asking others for help.

  4. #4
    Join Date
    Apr 2013
    Posts
    28

    Default Re: Easements

    Ill make it simple I have a Driveway the property landlocked behind me has a right of way through my property

    The Driveway I have is not his ROW he refuses to build his road and now has damaged fields my Driveway and trees

    I have contacted the police on this matter with the surveyed road he is suppose to use/build which was established by a judge in 1961, the police will do nothing to stop him ... my question is where/how do I get the 1961 document enforced?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easements

    and the state is ?


    Hmm, I an check out the laws in the 50 US states but I don't even know how to spell . Obviously it is not within the US so it really doesn't matter though since this forum deals with US law.


    yes, that is being a smart ass but the laws of all the states differ so d without knowing what state you are in, it is difficult to offer you much of anything of real value.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Neighbor's Use of Our Personal Road

    At the moment you have a civil claim for the property damage it appears. I suggest you also post no trespassing signs and prosecute if he does it again. Video would be helpful to the prosecutor.

  7. #7
    Join Date
    Apr 2013
    Posts
    28

    Default Re: Neighbor's Use of Our Personal Road

    The state is pa and I've tried no trespassing signs but the police won't do anything even with a court order

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor's Use of Our Personal Road

    Quote Quoting Plumout
    View Post
    The state is pa and I've tried no trespassing signs but the police won't do anything even with a court order
    if you have a court's order, then file to seek the violator be charged with contempt.



    There must be something more to it than this though. Police usually do not ignore court's orders and unless the person you claim is trespassing has a reasonable explanation for the police that would cause them to believe it nothing more than a civil matter, I cannot imagine why they would not act accordingly with a valid complaint of trespass.

    I just read your original post again. You aren;t referring to this:

    I have a court signed document showing a right of way that is suppose to be used by my neighbor it was signed and stamped in 1961
    when you are referring to the court order they are ignoring are you?

    If so, that is not a court order controlling the dominant tenants actions. It is actually a court order controlling the servient tenants actions such that use by the dominant tenant is not trespassing.

    If he is using land not addressed in that order, then of course the cops aren't going to do anything based on that order and neither will a court (at least based on that order) since nothing he is doing involves that order.

  9. #9
    Join Date
    Apr 2013
    Posts
    28

    Default Re: Neighbor's Use of Our Personal Road

    Let me explain further the road my neighbor is suppose to be using is a old town road they closed and with it being closed that property has the right to use the old closed town road stated in a court document. Since we have no use for the old town road we built a new road on the opposite side of out property which when he bought the property behind he decided to just start using even when told him to leave and called the cops nothing is done to him he uses are road for one reason he does not want to build and maintain his road.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor's Use of Our Personal Road

    might I suggest closing off the road where it exits your property and enters his in such a manner he cannot easily defeat?

    edit to clarify; road meaning your drive that he is using

    How long has he been using your drive?

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