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Regards a right of way issue and harassment from our neighbor

Discussion in 'Easements & Right of Way Law' started by Appalachia, Oct 20, 2017.

  1. Appalachia

    Appalachia Law Topic Starter New Member

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    We live in east Tennessee at our current home for now 13 years and our problem with our neighbor started pretty early on. We never engaged in his harassment or provoked him in anyway nor did we participated in it. In fact till this year we did not even know what his issue with us really is.

    Let me give you a quick insight on our property. We have a drive way with some shoulder room that goes up an embankment to our house. The embankment is the property line to our neighbor property. Between his house and ours from the property line are almost 300 feet of wooded area filled with laurel bushes and other beautiful hardwood trees. They are on his property. The property line is also a divided right of way (20 feet on each side of the line) to a piece of undeveloped land that is behind our property. Our neighbor has his own driveway to his house from the main rode and it is not a part of right of way. My husband has several trailers and boats parked on our drive way which technically would block our part of the right of way. We have talked to the owner of the property behind us and they are telling us that they have no intention of using that right of way since other multiple location from the main rode give them access to the land. Also they are not worried about the trailers parked there. I also want to say that my husband is a recycler and has a pile of scrap on his land and maybe a bit too much other stuff around, not effecting drive way or right away and you do not see that unless you walk up in our drive way and behind a big barn on our land.

    Early this year our neighbor told us that not only will he clear cut the 300 feet of wooded area between us and him, but told us that we are ‘white trailer trash’ that have ruined the property value on his road, became the disgrace to our road and how we dear to move next to him storing all these trailers and junk. Also we keeping him from using his right of way to drive his 4 wheeler around. He also pointed out that the true property line is the middle of our drive way which is incorrect. Since than he has come every other week and spends a whole day at the embankment cutting down trees and bushes and just loving the way he can harass us. May I also say, we do not live in an exclusive neighborhood and we are not the only one on our rode with trailers and other stuff in our yard in fact we live in a rural mountain area.

    On our last confrontation I did point out that there is no law in Johnson County against having trailers nor collecting metal. I also pointed out that we have a right to do with our land as we please since he can do the same and therefore we cannot stop him from cutting down all the trees. So he should not worry about our land but his own and leave us alone.

    He has now completely taken away our privacy and is letting the whole neighborhood see up into our drive way.

    Therefore my question, how can I find out if the right of way only pertains to give access to the owner of the property behind us? Does our neighbor have full rights to claim he can use our part of the right of way to drive his 4 wheeler up and down between our land and his? As pointed out his 20 feet of right away on his land is not build to be used. Can a right of way be bought out or removed and if so do we have to have the neighbor involved in this processes.

    What we would like to do is build a fence so we can have our privacy back along our property line and keep our property out of view of others. However, with the right of way being an issue this is right now not possible. I am so frustrated at this time and hope I have some legal rights to keep our neighbor from harassing us all the time.
  2. mightymoose

    mightymoose Moderator

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    There is an old saying.. something like"Good fences make good neighbors".
    You seem to be on the right track already.
    You will need to research the deeds and learn exactly how the right of way is defined, if at all. The county assessor's office should be able to help, and you can hire someone to do a property survey and mark your property line where you can build a fence.
    You can build the fence somewhere- the question is just where, and whether your neighbor is required to have access.
  3. ElleMD

    ElleMD Well-Known Member

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    Or, if you are embarrassed by all the junk in your yard you could clean it up. No one is happy to be living next to a house with a bunch of scrap and old trailers. He is permitted to share that opinion with you. Before building any fence, you need to get a survey of the land and find out your local regulations for building one.
    Disabled Vet likes this.

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