Our neighbor has an 8 foot right of way over a strip of our land. This land just accesses our backyards and has nothing to do with getting into ones driveway.
The neighbor has turned the 8 foot ROW into an 18 foot ROW. In other words he does not drive on the 8 feet but rather uses the enitre area as a road. It has become a mess and he uses about 18 feet. We have asked him on many occassions not to drive on our land area but stay on the 8 foot ROW.
We put up a temporary fence about 10 feet over from the boudary line. We did not want to interfere with the 8 feet. We also notified the police department that we were doing this. When we were not home he removed all temporary fencing and both no tresspassing signs we had put up.
We notified the local authorities. He told them our fence was blocking his access to the ROW. In his mind he thinks we need to leave extra room for him to access the 8 foot ROW. Basically he does not want to have to drive on any of his property as it will ruin his yard.
My Question: Can we put up fencing or antyhing else for that matter beyond the 8 feet ROW? Do we need to leave him extra room?
I am going to contact our lawyer today. But my thoughts are he will still continue to ignore that and do what he wants.