Thank you for your reply.
I am sorry, but I am not set up for phone service for this question, and furthermore the state bar can consider telephone communication to violate state law as it may be interpreted as practice of law, which we are forbidden from engaging in with customers of this site. Therefore, I will have to proceed on this thread. Thank you for understanding.
First of all, please make sure that there is no easement. Assuming that there is not, and assuming that this access road is the ONLY egress/ingress road to their property, then:
The neighbor can request (can go to court) for an easement asking for reasonable ingress/egress access. However, their usage of the easement is limited to reasonable need
of ingress/egress. They cannot use it as a parking lot.
If they continue to do this without an easement, then someone in your situation can threaten a civil suit for trespass/nuisance
, whereas they are likely to counter with an easement request, and then the Court will decide. Alternatively, they can file first for an easement, whereas then someone in your situation can respond that they are taking advantage of the property and that their use of the easement should only be for ingress/egress.
In either case, the Court decides then what is reasonable.
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