Real Estate Law
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So to get this easement _ it was verbally misrepresented when the purchase was made- lifted I would need to go to court? At the time of purchase large trees obstructed entrance to the other property. those have been removed and the other property now runs a small business on that property.
I am the buyer of the property with the easement on it.
When I purchased this property, a farmer rented the land on the west and south. On the west side there were large metal buildings and grain bins. I was told by the seller that the easement was needed so the renter could get his farm equipment in and out as the north side was lined with large trees. This farmer has since purchased the property with the metal buildings on it. He cut down the tress lining the property so he can get his equipment in and out. He does that when he the land he is working is in a northerly direction. He also started selling seed corn so I now have everyone coming through my driveway. He used to clear the driveway making sure I could get out until last year when he only cleared a path for himself and piled the snow up so I couldn't get out without shoveling all of that snow away.
If he uses my driveway there is no stop sign so he can go faster even though it kicks up a lot of dust for me.
I believe he is misusing it. At first it was just him using it with occasional hired help. He has since hired 2 full time workers. Increasing the use of the driveway. In addition he has his customers, semi trucks ( when he sells hay or takes large deliveries), friends who come to visit, gravel trucks when he orders for his property all using. I have almost been hit twice backing out of my garage because they all drive through there pretty fast. They also don't always stay on the driveway have created ruts and a low places with the heavy equipment. There is traffic in and out early mornings and throughout the day until sometimes as late as midnight. He does no maintenance on it and if he pushes snow my gravel ends up on his property or my grass. They also cut through my grass to "shortcut" to where he parks large equipment in the summer. I believe the excess use has created major problems. I have asked that they go slow as the dust gets terrible but he refuses.
The only mention is when the previous owner purchased from his relative. It states '" Easement retained for Grantors for a 20" ingress and egress across the driveway located to the south of the home". This is on the previous owners warranty deed and no where else. I went to the courthouse this morning and this was all they had.
The ingress number should be 20 feet not inches. Will also mention one of his hired hands also cut thru my backyard when he went out the north side of their drive and turned and his boss wanted to him to go straight .
ok I will consult a Attorney in Ne to see if we can make some case law.
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