My parents own approx 55 acres in Columbiana County. There is a driveway going up their property. A few years ago, there was an auction held to sell a piece of property above theirs - at this auction, an announcement was made stating that this piece of property was landlocked and had no legal means of entry onto this property. Someone purchased it and has been using the driveway on my parents property to get to this piece of land - not only that, they have bulldozed the driveway twice, knocking down a large tree clearly posted with a "No Trespassing" sign on it. He has put up other "No Trespassing" signs and these have been knocked down. My father has asked this person to stay off his property, but now this person is claiming that the driveway is a common law road. When my father tried to make a complaint with the local police department, he was given the run around and told it was a civil matter. When he met with the prosecuting attorneys office, they asked if he made a report.
2006-10-03 09:20:23 · 5 answers · asked by kathytipton 1 in Politics & Government ➔ Law Enforcement & Police
It is technically a civil matter.
However from what I understand of the story it could be one of two things. First there may be what is called an easement on the property for the road meaning that you and the other land owner share the drive or second if the drive has been there for a number of years, I believe it is 20yrs and the other owner has been allowed to use it then it is considered to be shared property. I'm not an attorney and you should most definitely get one because it sounds like you have a good case.
2006-10-04 10:56:03 · answer #1 · answered by Officer 4 · 3⤊ 0⤋
What Officer wrote is right on point. I just add that there comes a time when your rights may expire. It is imperative that your father, or you on his behalf, file a "trespass to try title" in this case, a suit to prohibit this neighbor from crossing your land.
Of course, one alternative is to offer to sell the guy an easement across your land - the operative word here is "sell' - for a fair price, too.
2006-10-08 15:26:04 · answer #2 · answered by John the Revelator 5 · 1⤊ 0⤋
Try to talk to your neighbor and come to an agreement that satisfies both parties. It sounds like the person is unreasonable and taking advantage, if so block the portion of the road leading to their property until they either go to court or they agree to negotiate in good faith.
2006-10-09 13:55:43 · answer #3 · answered by daydoom 5 · 0⤊ 0⤋
officer has hit the high note on this one
2006-10-09 13:12:51 · answer #4 · answered by SPEED DEMON 2 · 0⤊ 0⤋
the cop is right this time
2006-10-09 06:50:04 · answer #5 · answered by aldo 6 · 0⤊ 0⤋