My question involves an easement in the state of: CT.
We own a parcel of land upon which we built our home over 15 years ago. There is a deeded right of way to a rear lot through our land. For many years we enjoyed peaceful tranquility. A few years ago the owner of the rear lot (and home) sold his house. The "new" neighbor has no understanding of the definition of a right of way, and we have had numerous confrontations (started out as casual conversations) over the years. It is not a good relationship. He has removed trees from the right of way (kept the wood for himself), dumped constructions materials on the right of way (left there for over a year- we finally paid to have removed), has friends who visit and like to throw empty beer bottles and cans out of their vehicle windows, and have children and visitors who drive ATV's up and down the driveway (the right of way).
The legal description on my deed is as follows:
"Said tract is subject to a 40' wide right of way in favor of said Mr. and Mrs. PreviousOwner as depicted on the above referenced map."
Mr. and Mrs. PreviousOwner being the former owner of the rear lot and home. The "above referenced map" shows a nice meandering driveway through my property that in many instances is well over 40' from the property line, in some places as much as 90' from the property line. I do not use this driveway for other than walking my dog, which if he chooses to be walking his dog (off leash) along the driveway, I must turn around to avoid problems between the dogs. The area is wooded, but the driveway is within 150' of our home and the noise from the atv's is quite loud. This is ultimately my biggest issue. I have asked repeatedly that he not use the driveway for a recreation area, but he insists it is "his driveway" and can do as he pleases. I have sent him registered letters requesting he contact an attorney to review his rights, but the situation remains unchanged. As this is probably only simple trespass at best (other than the theft of the trees) we are at our wits end as how to proceed.
I recently decided to "store" some scrap metal items in plain view of the driveway. It is quite an offensive sight- old barbecue, etc. It is well enough off of the driveway, with several trees between the driveway and the items. Is it located within the right of way? I'm not sure. The land has not been surveyed since before we bought it. Just looking for a peaceful relationship with my neighbor, but can't get through with words. Obviously has no respect for our wishes.
Do I have any rights here? Am I truly being an Ignorant Fool?