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Why is it that neighbor have to be so bad

O

old

Well-known Member
Location
Camdenton Missouri
Well due to a neighbor we have had to get a lawyer to get a road problem fixed. Well our drive way goes over 2 others land. Both these people have only had the land maybe 10-15 years but we have had it 35 or so years. Oh and in Missouri you can not land lock a person. Any how one guy we where being nice to has gotten mad at us for no good reason and suing us saying we can not drive heavy trucks over his part of the land but those trucks have been doing so for decades before he got his place. Oh by the way he asked me to plow him out when we had the 2 foot snow. I may have to rethink that next time/, and yes he knew we had access when he bought the place. Yes just venting
 
if you have a easment in writing then there is NOTHING he can do to you, this place and the place before both had a easment for the neighbors to use, in fact the last place was used by three houses, i never cared, only when a punk kid came flying down did i ever care,

now this place is a bit diffrent, it's gated with a fence running along, this was 'cause the guy who lived here was a jerk to the neighbors, i've made it a point to be kind and friendly to them, in fact "tom" asked me if i wanted the fence down , i hadn't had the place for a while so i couldn't awnser him. i would like to have access to the lane, i might put up a gate in the middle of it
 
I know what you mean Old, i had to put up 600' of fence because of the neighbors free range chickens were making a mess on my property. No point in asking him to do it, I figure if they're that inconsiderate they aren't going to do anything to control them so I just did it myself. Wasn't cheap either. Good fences make good neighbors, especially when it's tall enough that you don't have to look at them. Just venting too.
 
Rich do you share in the upkeep on the part of the drive that you share with him?

If you share in the upkeep, I don't see where he has a leg to stand on.

Maybe it's your own drive and he has his own drive?

Gary
 
Well that is the thing It is only my drive and a couple others and he does not use it so we did not ask for any thing but the right of way which he has to give no matter what since Missouri is a no land lock state. Trucks have been going in and out of this place for 30 plus years but then I have had a CDL since the day they started the CDLs
 
Ya in this case he has not bother me and I have no him till now. I plowed his drive so he could go to work last winter and yes he payed me and payed me more then what I wanted but next time I may say hey you fought me so get a shovel and dig your way out. Plus little does he know I built his drive way long before he got his place and we moved the drive way that is mine so it did not cross as much of his land either
 
Ya we have an easement but not in writing as such. Yes the dead say access and said access but that is it but then as I said Missouri has a no land lock law. Ya I know he can not do much but it is the principle of it and I have tried to be nice to him and even called him to tel him he was getting notice of this and it had to be in writing
 
It's your right away. You can drive a tank through there if you want.

Any judge should side with you.
 
Shoot my drive way is only a mile long and yes my dead gives me written access but not a true deeded access so that is why we are going to court in the first place so as to end any and all of this for once and for all since we have done this 2 or 3 times before and the court did not do things right and record it. But here in Missouri you can not land lock a person for any reason and you can not restrict what they drive in or out if it has been done so before you buy and we have been driving big rigs in and out for 30 plus years now. Retired truck driver by the way
 
Yes I know just gets me that I have been nice to this guy and now he is being a south end of a north going mule. Shoot he even called me last winter to plow his drive way so he could go to work. Guess next time I will tell him go buy a shovel and dig his own way out. Can you tell I'm mad and because of this it will cost me and my mom another grand if not more
 
Forgot to add. We have a right of way through Government property.

It is part of the Coralville Reservor. They planted trees on the edge of our right away. We didn't want them for fear of branches hanging to far in to block the drive. They had to take them out. After a letter from our Lawyer.

They tried to put a gate at the road end of the right away to keep others out. They had to take the gate out after a letter from our Lawyer.

Don't back down
 
Alright so its a road going to your house.He decides he is going to sue you because trucks are running over the road?
What makes him think he can do that? Now I think there has to be some kind of a piece of paper called an easement maybe,and after that he cant say anything about what you take down the road.Plus he probably cant say anything now if you have used the road for 35 years.
Now maybe he has a point if he built the road and your heavy trucks are breaking down his bridge or culvert but hey a culvert is supposed to have a couple of feet of dirt over it and tractor trailers can cross it.
If he is just trying to be a jerk he will have to give you this easement.Maybe he will want you to cross his land in some other less convenient to you place,but if you have been crossing there 35 years he probably is wasting his time.Also who maintains the road?If its him he may be able to gripe about the trucks,if its you then thats probably a waste of his time unless you tear up the road so bad he cant get in or out.
I dont see how he can sue you for taking trucks down this road if these trucks are something that you use to make a living with.
 
I have a naibor story it is about two naibors me and the municaple district it is to long of a story to tell on here all i can say is i spent all the money and did all the work and guess who got the smelly end of the stick. I am very catious when dealing with anybody now!
 
I just remembered something else you could try.A lawyer will probably write any letter you tell him to.Ask the Lawyer what he thinks is going to happen,have the lawyer write something in the letter about what the bad parts for him will be and send it to him.You telling him something probably wont mean much to him,but when he gets a letter from a lawyer saying he is being sued for an easement and that he is going to pay the lawyer fees and for surveyors and then have some arbitrators salaries and anything else he can think of and and estimated price of you know 5 or so thousand dollars and some such as that,plus the road is going to stay where it is anyway,and he is going to loose and have to pay all these fees, and see what he does.If he backs off get a easement and get him to sign it and his bitching is over.You might get a letter for 50 dollars instead of a thousand. Just an idea.
 
Tell him it's a minimum $100 just to start your tractor in the winter and another $100 to clear his driveway but even then you can't because you don't have access. LoL Sounds like the idiot I bought my land from. He asked if I could put the approach in and he'd he'd get the county to upgrade the road. I agreed with that and made the mistake of paying him in full. I not only had to build the approach ($1500 value), which was supposed to be the his responsibility since he subdivided, but I also had to put $1500 into upgrading the county road. This was mostly because of a greedy county mananger. Even the guy in charge of public works said I shouldn't have to pay for a county road. Apparently I was the first one in history and 2 other neighbors use this road as well but didn't have to pay a dime. I let the seller use my truck and trailer previous to the road issue and he he never offered a dime. He just complained how much gas it used. After I paid for the road, he wanted me to clear a fence line for him with my cat. I wouldn't even pull him out of the ditch if it was 40 below!

Old, if it actually goes to court and has absolutely no merit, you can ask the judge for any and all legal fee's you have paid. In some cases you can even be awarded additional damages because of a frivolous lawsuit that is wasting the courts time. It's not so much to give you more $$$ but more as a punishment to the person filing a ridiculous lawsuit.
 
Rich, are there any law schools or law clinics or legal service organizations (LSO) anywhere near where you live?? You may be able to get some free legal help if there are.

The legal doctrine on your side is called AN EASEMENT BY PRESCRIPTION which can be valid even if there never was any deeded easement. Its similar to Adverse Posession in that if you have used anothers land for purposes of ingress and egrees (to your land) for a certain statutory period and the use was hostile, open, continuous, adverse and notorious and the other land owner or their predecessors (called tacking) allowed it, THEY MAY AS A MATTER OF LAW NOW BE BARRED FROM STOPPING YOU.... Also if you are land locked BUT FOR that particul0ar ingress and egress route, the law protects you to an even greater extent "AN EASEMENT OF NECESSITY"

Strategically, you need to put the burden of persuasion and the burden of going forward ON THE NEIGHBOR if he wants to prevent you from doing what you have been doing for years, its his problem and his burden to stop you. HOWEVER the law does NOT favor you if you are committing excess waste on his property or are using it in excess of your actual needs for ordinary ingress and egress i.e you are damaging it to a greater then necessary extent or are converting from personal to more commercial or heavy duty (truck) useage

My best free professional legal advice is to at least consult a local attorney (LSO if possible) who specializes in land use and real estate and heed his advice NOT anything offered here including myself.

Maybe Mike or Dean who are more current in real estate practice (Im pretty well retired and rusty mind you) can better advise you, if so go with their advice over mine

John T BSEE, JD Country Lawyer
 
I had similar deal a couple years ago. Had to hire a lawyer even though the easement spelled out what his responsibilities were. He wanted me to take care of it for him even though he was the one using it over my land. $14,000 later and a year of paper shuffling, Judge agreed with me and I guess I won. Letters from other parties lawyers to you don't mean squat unless you get scared. You probably have all the legal rights but what is it going to cost you to convince the other guy. Here in SD you can't sue for legal fees in a case like this unless it is on an appeal. Document every little detail and good luck.
 
"You can drive a tank through there if you want."

Almost certainly not true.

Investigate over burdening.

Dean
 
There's two sides to every story. There must be a reason why he doesn't want heavy vehicles driving over his property.

If you perform all the road maintenance AND the road is kept in good repair, I'd say you're in the right. But if the landowner shares the cost of maintenance, or if the road is in poor condition, then he probably has a valid complaint.

No outcome in court is guaranteed. You might end up paying to have a few tons of crushed rock brought in so the road will handle the weight of your trucks.
 
Old with his sparkling personality wouldn't have anything to do w/ it. Electric company just worked across my property. Tamped and rutted my driveway in areas that I never had problems before.
 
As John T said get a good lawyer that is familar with right-of-way law.Even then I have seen some crazy rulings coming out of these type cases.One near me in a case similar to yours the fellow in the landlocked piece of land only got use of a 8ft wide right-of-way,he can't even push snow or ditch his drivway.More common is 15ft.I'd never buy a landlocked piece of real estate unless the right-of-way was written in stone.
 
Here in NH you have to allow access to a land locked parcel for timber management and logging, but not for house building. The law says that you have to have adequate frontage on a maintained road to build. The amount of frontage distance is governed by the town. The law does say that if you aggressively use another's land for seven years and the owner doesn't try to stop you that you then take ownership. So maybe you now own the driveway, and the neighbor is trying to prevent it. You should look into filing for ownership. By the way, about ten years ago a nearby town granted a building permit for a home to be constructed on an unmaintained town road contrary to law. A few years later they had a fire, FD response was seriously delayed by unplowed unmaintained road. Insurance company took town to court, town had to pay for new house, and upgrade road.
 
I feel for you. Courts don't usually record documents though , attorneys do that. Also , I'd be cautious about discussing any facts about the past on this public forum. Not good for your case. Hope it works out for you. Terrible annoyance to have bad neighbors.
 
Thanks Mike, thats kind of like the first day of property law 101 when we studied adverse posession and easements but hey thats been a while lol

John T
 
Back years ago when he got his place I was a truck driver and I drove my rig in all the time so he knew that I was driving in with heavy stuff. Plus he has not and does not use the road and I do in fact maintain it at no cost to him. Plus the other neighbor who has a place past me owns and excavating company and his shop is down here so again the guy knew heavy equipment was come in and out
 
Ya I understand that and the bad/funny thing is he knew this was going on and said ya no problem when I get the papers I will sign off on it and that will be that and now I guess he thinks he can make some $$ me by counter suing me. But again I do not see him making a dime off me but I do see maybe the other way around since the driveway grand fathers in no matter what since it has been there in some form for more then 30 years. Boy I bet he would be real mad if I asked for my old driveway in because I would be driving up his drive and then on past his barn and down his hill
 
Well he does not use the road and or pay for any thing done to it. I maintain the road and make sure it is always in pretty good shape as in any car built can drive in
 
We already hired a lawyer because of an different problem with a different neighbor but either way this started out being a nice thing but now the neighbor who said no problem is now trying to make a problem. He knew what wa coming in and out when he got his place so that in its self should get this dropped right away since when he got his place I was a truck driver and he saw the truck coming and going all the time
 
This guy doesn't even use the road which is my driveway but I do and I take care of it grade it gravel it etc etc etc and have for 30 plus years now
 
I thought tanks had a fairly low ground pressure to be able to support the infantry.Tracks spread the weight out. Bill M.
 
Makes me worry, we have our access via a shared driveway, we have a legal documented easement, but I'm sure when the next owners eventually come in they will not like my tractors coming and going up the driveway. I do have more road frontage at least if problems arise.
 
Ya sad but true how one person owns the land and then it is sold to another and that person thinks they can do as they want and stop you from doing as you have for a decade or more. And the bad thing is in this case the guy who said no problem is the guy who is causing the problem. Guess the next time he need me to plow his drive way of snow he will learn the hard way that if you make me mad you made some one who will not help you if you need help. Ya I am one who will help you but don not stab me in the back because if you do then you will never get me to help you again
 
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