We are in a neighbor dispute over an easement. We own property in a small town in NC. We own the property, but the people that live behind us have a right a way on the easement forever according to the register of deed. The easement is about 3 feet from our house.
The neighbors and their guests have abused their privileges. We advised the neighbor that if they did not slow down when driving through the easement we would have to install speed bumps. We just didn't want anyone to get hurt with the way they were driving at such high speed. Which we ended up doing was install the speed bumps. The neighbor didn't like it, so they would get on the easement and spin their tires digging it up. One guy even came on the property and pushed my son and he walked free, because he was friends with the magistrate.
Well this madness turned real ugly. They used the magistrates and the law against us. This is now in civil court. The neighbor wants us to pay her $7500, to buy the right a way from her, or sell her our house at a way low price. We don't feel we have to pay that much. We tried to negotiate, but she will not willing to be reasonable.
My real question is this, I am willing to take this matter to court because we have videos of them doing wrong and we feel we have a good case. But wanted to know if a judge would close the easement. Our attorney advises us that a judge will not close an easement. I don't know why he wouldn't because it would solve alot of aggravation. We are at a lost, because no one wants to help us and it's really sad their no joke "getting away with murder".