I bought my house three years ago, and since then my neighbor, who has lived behind me for 35 years, has been treating the easement on my property like they own it. This easement is for their driveway, but they’ve been making changes to it without letting me know. I ended up putting up a fence to keep them out of my private space, but now they’re putting up Trump flags on a piece of my old fence near my front yard, which makes it look like I’m supporting Trump. I don’t want to deal with this, but I also don’t want to escalate things. Should I take the flags down? Put mine up? Or remove the fence section? What’s the best move here? I’d love to hear your thoughts.
First thing you need to do is check the language of the easement in your deed. If it’s just for access, they can use it to drive through but can’t store stuff or block access. You can put things on the easement as long as it doesn’t block their way, but it’s still your property, so you don’t have to let them put things there.
@Zen
I’ve already looked at the easement, and it’s just for access, but telling them that hasn’t helped. They either don’t understand or don’t care. It’s frustrating dealing with their attitude about it.
@Florian
Sounds like you may need to get an attorney involved. They can help you get the right steps in place for removing their property. If you do decide to put up your own flags, it might be smart to set up a camera just in case things get worse.
@Zen
Why not paint a rainbow flag on it? That should get their attention.
I’d just take down the banners. If they make a fuss, call the cops, give them the banners, and a copy of the deed to show it’s your property. They’ll explain to your neighbor that they don’t have the right to put things on your land.
@Teal
Exactly. Take the flags down, and don’t even bring up politics. Just say, in writing, ‘This is my property, and you are allowed to use the driveway for access, but you can’t store things here.’ If they want the flags back, tell them to come pick them up. Don’t get caught in the drama.
I’d suggest contacting an attorney. A lawyer can write a letter explaining what the easement actually means and what rights they have. A good lawyer can word it in a way that keeps things calm, but still makes it clear that they can’t put things on your land.
I had a similar situation with my neighbor and the easement. I hired a surveyor, and then put a fence just inside my property line, so it was mine and not shared. If they touch that fence, it’s considered destruction. It helped me keep control of my land.
It may be worth paying for an attorney to send them a cease and desist letter. This would clarify that their easement only allows them to drive through and do basic maintenance. You should also mention that personal property can’t be left on the land and you’ll charge them for cleanup if they do it again. If they continue, you could even take them to small claims court for damages.
I’m dealing with something similar. My neighbors keep widening the access road, ignoring the 16-foot limit, and doing work without telling me.
Gracen said:
I’m dealing with something similar. My neighbors keep widening the access road, ignoring the 16-foot limit, and doing work without telling me.
You should definitely address that issue soon, before it becomes a bigger problem with adverse possession.
Your update was exactly what I was thinking—no harm, no foul. It’s your fence, after all. Another option might be to print out the easement terms and explain them in simple terms, maybe like you’re talking to a fifth grader.
That’s a good approach. Be polite, but don’t let them walk all over you.
I remember a property law case about fences and easements. If they keep using your property in a way that goes beyond the easement, you might be dealing with adverse possession, depending on your state’s laws.
I’d look up ‘adverse possession’ and get a lawyer on this if you haven’t already.
Blayne said:
I’d look up ‘adverse possession’ and get a lawyer on this if you haven’t already.
Since it’s a written easement in the deed, adverse possession doesn’t apply here.