Posted By: RovingTexan
Land Question - Legal - 12/21/16 10:30 PM
Late Spring I bought 1/2 of a 60 acre tract. The land was basically shaped like a "7" and the guy I bought the land from split the 60 into two 30 acre tracts so that both pieces resembled "7s". There is currently no fence between us but I'm planning on building one in a couple of months. Its hard to describe, but I hope that makes sense. Anyway, his brother in law, whose parents used to own the whole tract owns the other 1/2. The story goes that the guy I bought from drew the boundaries and basically screwed my new neighbor because I got the pond and the far SE corner of the property line is about 15 feet from a creek that drops off a good 35 feet or so straight down. I guess they had some bad blood and the guy I bought from had to actually get a no trespassing order against my new neighbor. Several months after I moved in my neighbor came over to introduce himself and to ask me if I would mind giving him an easement of 15-20 feet at that corner so he could get around to the back 1/2 of his property. I have no problem doing so because I want to be a good neighbor. Also at this first meeting we started talking deer hunting and he mentioned he shot a 4 and a 6 point last year. Obviously this made me start to question him, but I didn't say anything. Fast forward to mid Oct and he asked if I would mind him passing through my place to mow his hunting area since he can't get around the corner on his place. I told him ok. He then asked if I would get mad if he "accidentally" got a couple of feet on my property. Like I said there is no fence yet so the boundary is fuzzy. I told him I'd rather he didn't, but if he accidentally did it I wouldn't get upset. Let's just say he came a lot more than a couple of feet and more like 15-20. I let this slide. The other day I was back looking at the land and I noticed he had cut a trail, literally cut as in trees, back to his stand and it is a good 15-20 feet on my property. At this point there is no way he could have "accidentally" done it because the corner marker is right there. I've also had problems with game cameras sitting out for a week at a time and having no pics. Then the next week there will be several hundred pics making me think someone is checking my cameras.
O.K. All that to say that I want as little to do with this guy as possible since he can't respect boundaries. At this point I am inclined to not give him the easement either. If I refuse, he will have a very hard time getting to the back of his place. Is there any legal way he can force me to give him an easement? I really don't want to be a butt, but I don't want to deal with him. He's definitely one of those that will always want to push the boundaries. I thought about calling the sheriff about the trespassing and destruction of my property, but I'm not inclined to at this time. I guess if he makes an issue of me denying his easement request I could bring that up as an option.
Ok. Advice? What would you do?
O.K. All that to say that I want as little to do with this guy as possible since he can't respect boundaries. At this point I am inclined to not give him the easement either. If I refuse, he will have a very hard time getting to the back of his place. Is there any legal way he can force me to give him an easement? I really don't want to be a butt, but I don't want to deal with him. He's definitely one of those that will always want to push the boundaries. I thought about calling the sheriff about the trespassing and destruction of my property, but I'm not inclined to at this time. I guess if he makes an issue of me denying his easement request I could bring that up as an option.
Ok. Advice? What would you do?