Valid easement, but continued complaints

[bungalow]

In PA, my home is on a 1.6 acre lot in an area that was subdivided in 1997, and a HOA was created to care for the roads, a condition of the subdivision allowed by the township. Most homes here started as summer cabins in the 1950's, that grew into year round residences.

The driveway to my lot crosses an ajoining lot. This driveway is clearly shown on the Approved plats and plans. All of the 95 deeds have a paragraph that reads ' Under and subject to any and all covenets, conditions, restrictions, rights-of-way, easements and all agreements of record...and matters which a physical inspection and survey of the lot would disclose...'

My two relatively new neighbors don't like the way driveway is set up and want me to change it. They are a bit jealous of my lot. If they are made aware that this easement is valid, and yet continue to do things to aggravate me and impede my normal use, such as restricting the turning radius at the driveway entrance, or restricting the width, what actions can I take? I am thinking (hoping) it could be harrasment or similar. They threaten to block the road and force the matter into civil court.

Thank you for your opinion.

 

[bungalow]

Let me summarize and ask a simple legal question:

What do I do if these knuckleheads block my driveway?

 

[lwpat]

You have an attorney send them a letter stating your rights and demanding that they cease and desist burdening the ROW.

 

[bungalow]

Thanks.

This is a tough theoretical question I guess. Just to speculate, suppose they block the ROW, then I have a letter sent. That takes a few days. In the mean time, I am inconvenienced, and I might add VERY HUMILIATED. They could ignore the letter.

Legal question:
WHat is a man to do these days in a situation like this, and not get himself thrown into jail?

Any and all replies would be appreciated, even if it is not a legal response.

Damn knuckleheads.

 

[lwpat]

In the time you have spent posting you could have sent and they would have the letter. Then if they block the driveway you call the police on them.

 

[bungalow]

Update: Driveway was blocked (old truck). Called Police. Officer spoke with truck owner. I was not within hearing distance (BIG mistake on my part; lesson learned). Officer says it is a civil matter, they cannot do anything. Officer and I departed the driveway and we pulled over on the public road, where my property does border. He asked me, "Where is this other driveway?". Apparently this officer was bamboozled by this neighbor that another driveway existed. There is NO OTHER DRIVEWAY I explained. He left.

So I learned a big lesson there.

I obtained copies of the deeds. The neighbors deed was titled 'Special Warranty Deed' and was not the same form as the other 90 lots. It was created by the mortgage company when the house was foreclosed. It did however, make the neccessary references to being subject to the declarations, plats and plans, etc. that pertain to the subdivision. It certainly would not be very clear to a laymen like myself or an idiot like him, regarding an easement. But my attorney reviewed the documents and agrees that this easement is valid, and will be sending a cease and desist letter by courier.

Stay tuned.

 

[lwpat]

Actually trespass is not totally a civil matter. The police just don't want to get involved, especially when it is not clear. I would have had the truck towed and then sued them for the bill.

Ask you attorney about filing for an injunction and declaratory judgment if you continue to have problems after they get the letter.

 

[bungalow]

truck removed - but...

Thanks for the advice if they ever try to block it or do other things...here is what they are up to:


Nucklehead 1 did move the truck based on review of cease and desist letter with an atty. He was told he would not likely win -easement is valid.
He and idiot 2, other adjacent lot owner, then decided to park the truck and a camper in a 2 separate locations adjacent to my property. They were placed in such a manner to be a nuisance/eyesore to me. Twp. will be sending them letters stating they are violating some codes in response to my formal complaint. I Am getting quotes on privacy fence to keep them out of my sight as they make me sick. It is hard to believe. Sheesh.