My neighbor has lived on the property behind mine for 35 years. I bought my house 3 years ago. There is a 30’ easement down one side for a driveway they use to access their property. Since the day I moved in, they have been acting like they own the land where the driveway sits. They have periodically done work on the driveway without notifying me and have shown a general dismissiveness towards my requests for clarification. Recently, in frustration, I put up a fence to keep them out of my inner lot (1.5 acres). However, they placed three large Trump banners on an old wood fence section near the mailboxes, making my house appear like a Trump house. I’m considering putting up my pride and non-binary flags, but I’m concerned about escalating the situation. What should I do?
Update: I took the flags down, folded them neatly, and returned them to the neighbors’ property with a note stating that my fence is not an appropriate place for their items. I am also consulting with a local attorney for assistance. Thank you for your thoughtful responses; they have been incredibly helpful!
First, find the easement language in the deed to clarify what it says. If it’s an access easement, they can’t block your use, and you can’t block theirs. You should be able to remove any items they leave in your space as it is still your property.
Rudy said: @Milan
It’s just an access easement, but they seem to be confused about their rights or are choosing to bully me.
In that case, it may be time to consult an attorney to assist with removing their property. Install cameras if you put your flags up to capture any potential reactivity.
I recommend contacting an attorney to write them a letter outlining the easement privileges and limitations. A skilled attorney can communicate in a way that minimizes conflict. Keep in mind that they might be allowed maintenance without prior notice.
Consider taking down the banners. When the police arrive, refer them to the deed to clarify that it’s your property and you can remove anything they put up.
Rey said:
Consider taking down the banners. When the police arrive, refer them to the deed to clarify that it’s your property and you can remove anything they put up.
Exactly! Just take the flags down. Don’t mention anything political; simply assert: it’s your land, and they’re not allowed to put things on it.
It may be worth a couple of hundred bucks to have an attorney serve them with a cease and desist letter about their use of the easement. This should clearly state that they can only maintain the roadway and nothing else can be stored on your property without your approval.
In a similar situation, I hired a surveyor, put a fence one inch inside my property, and declared it my fence. If they tampered with it, it was destruction.