My question involves personal property located in the State of: New Jersey
I have a flag lot. One neighbor has access to a portion of my driveway in order to get to one of her pasture fields. This neighbor does NOT need to use the driveway for any other reason, such as getting to their home. This right to use the driveway was given many decades ago (probably 50 years) and I don't think there is any kind of written contract or anything.
I've been living here for 30 years and up until now there hasn't been a problem. Currently this neighbor is doing something in her field that involves big trucks coming in dumping loads of dirt. This driveway wasn't made to accomodate this sort of use. The trucks (which continue to come daily and have for a couple weeks) have damaged my driveway and the grass on each side of it. There are huge ruts and the stones on the driveway are gone from the truck spinning. It's been raining so there are big ruts everywhere.
I do not have a good relationship with this neighbor and she is one that really knows how to work the system. Just within the last couple years I had my driveway graded and stoned, and now some of the driveway will need that done again. This work is expensive.
Is there anything I can do? I do not want to get into having to pay attorney fees, win, and she still doesn't fix the driveway. By that, I mean even if she is legally obligated to fix it, if she doesn't comply there is nothing that can be done to her. That is my delimma.