In 2003 our neighbouring shareholder in our co-operative began building his house and driveway. We discovered he was directing heavy construction traffic over our driveway and land to access his building site.
We complained to him, he cleared the cement that had been dropped, cleaned from tanks on our land and asked permission to use our field gate nearer to his end of the property. For this he needed to remove some fence posts to widen the opening and promised to repair it. We gave him permission to do this. He left the area without making the fence repairs and we heard nothing from him and could not locate him. He didn't return again till 2006 for four days.
We didn't discuss his failure to make repairs, being so long ago. We did tell him that we would be ploughing our land later that year and fencing it to keep the ranging animals off. He wanted us to fence outside his land rather than between the two, but as he has leased his parcel to a farmer for grazing and we haven't, we advised him that he would not be allowed to do that, but we intended to fence our property as planned.
We were only able to complete a small amount of ploughing last year, but when we re-commenced in earnest this spring, as a courtesy, we wrote to him and advised him that he would not be able to bring his vehicle over our land as he had previously and if he intends to bring his motor home as last year, he will need to do some work to his own driveway first.
He is now saying that we 'do not have the right to deny him this access and that it might even be his (public) legal right since it exists already undenied for a certain period of time'. We are being asked to repair the damage we have caused (by ploughing) to the existing access road.
No easement or right of way exists on the land Title, but in the Shareholders agreement of trust we have to keep a connection open to neighbouring parcels. It does not state where on the property this connection should lie.
The co-operative was registered as a Delaware company.

