He cannot simply move his right of way over onto your property if the location that was used in the past is elsewhere. You should request that he prove his claim by providing you with a legal description of his easement. If he persists you may need to consult with an attorney who specializes in real estate law who can review the deeds to both properties and research the easement if necessary. You should bring a copy of both deeds and any recorded surveys.
There is a range of possibilities, depending on how long you plan to stay and whether or not you want to be friendly with your neighbors: * You can sell them the land under the driveway, which could also allow them to tear out the driveway and put in something worse, * sell them an easement to use that part of your property to cross your land, which also means it can be used as a driveway forever, * license this particular owner to use the driveway (or the driveway easement) either annually, or until they sell the house or remove the driveway, * ask them to move their driveway, or * sue them for trespass and force them to move the driveway. Whatever you do, put it into writing and have a local real estate attorney review it for you. If you completely ignore the problem, it will not go away, and the longer you wait, the more rights the neighbors may have (laches, estoppel, easement by prescription, adverse possession).
An easement is a property right, and unauthorized blocking of your easement is a trespass. You can have the blockage removed by court order, if necessary. Local law enforcement is often understandably reluctant to become involved in a civil dispute.For example, if your neighbor blocks your shared driveway with a vehicle on private property, and refuses to move it upon polite request, your next call is to a lawyer, not to the police. If it is blocking on the public street, then (in some places) the police will tag and tow the vehicle regardless of who owns the property or the vehicle.
You should address the situation immediately. You should consult an attorney who specializes in real estate law in your area. She/he can review your deed and your neighbor's, and also any recorded survey of the properties. You should take copies of the deeds and any surveys with you to the first meeting. After reviewing all the pertinent records the attorney will be able to determine what your options are. You may have the right to demand that the neighbor move their driveway off your property depending on how long the encroachment has been in existence. You may find the neighbor has an easement or has acquired some rights if the driveway has been in the same location for many years. It is better to get a legal opinion before trying to discuss it with the neighbor. If the encroachment isn't too serious you may simply give your neighbor written permission for the encroachment, signed in duplicate by both parties, to prevent them from acquiring any rights in your property.
It would be reasonable to ask your neighbor to move them as soon as possible, especially if they are getting in the way of navigating properly. Also, they may be a hazard to anyone encountering them.
Blocking a driveway is not a criminal offense, unless you refuse to move. You may get a ticket for blocking a driveway depending on where it is.
Yes, it is possible to move the location of an ingress-egress easement, but doing so typically requires the agreement of all parties involved, including the property owner and the easement holder. This process often involves legal documentation and may necessitate a formal amendment to the easement deed. Additionally, local laws and regulations may impact the feasibility of relocating the easement. It is advisable to consult with a legal professional to ensure compliance with all necessary requirements.
First you would need to discuss the needs of the owner of the easement and determine it they are willing to relocate the easement. If they are not willing the matter would need to be resolved in a court proceeding. If the relocation of the easement would cause excessive inconvenience the court may not rule in your favor and the error may be costly. Did you know of the location of the easement before building? You need to consult an attorney.
Moving an ingress and egress easement typically requires approval from the governing authority or the party who granted the easement. You would need to consult with them to see if it's possible to move the easement 10 feet back. It may involve legal processes and possibly compensation for the change.
A utility easement is a feature of the property you own, not a loss of property. A utilty easement is a section of your property that needs to be left accessible to the utility (electric company, phone company, etc.) for service, repairs, upgrades etc. You can use the space such as erect a fence but you need to know that if the utility needs to access your easement space they have the right to move or destruct what you have erected.
100 feet
To politely ask your neighbor to move their car, you can approach them respectfully and kindly request if they could please move their car to allow for better access or parking.
you can register it as non-op (non-operational) and put it in your driveway and cancel the insurance but it has to be in your driveway and cant move until you put insurance back on it