My question involves an easement in the state of:Mississippi
We have 10 acres that is approx 1,700 feet off the main county rd. the area is all larger plots of 10 acres and the developer built driveways (Clay gravel road) to our parcel and the 10 acre parcel beside us. Our Drive way is part of our 10 acres as is the neighbors next to us. with the center of the drive way being the property lines. The drive ways are equal in width and length each being 30ft wide and 1700 ft long both drives are straight with no need for either us or property owner next to us needing access to the others side. that said my survey shows my driveway as being property line but it also calls it and easement. in the deed it simply states subject to a 30' wide easement 1,700ft long with no further description. my question is we bought several years before our neighbor and have invested several thousand dollars to rock our entire 1,700ft drive the neighbor who just bought his property several year later has made no improvements to his side that is washed out from lack of upkeep. while he's owned the property several years but we hardly ever saw him until recently as he just got married and built a house and is now daily using our rocked maintained side of the road. I approached him about his plans for his driveway and concern about using mine daily and he stated he had no plans to improve and use his side and there was nothing I could do to prevent him from using my side. to add insult to injury he's constantly having guest over who use our side. I threatened to put a fence and Gate down the middle of the drive way which again is also my side property line and he stated I couldn't fence it and he would tear down the fence. any thoughts on if there is a way to stop him from using my improved drive way ? thanks
We have 10 acres that is approx 1,700 feet off the main county rd. the area is all larger plots of 10 acres and the developer built driveways (Clay gravel road) to our parcel and the 10 acre parcel beside us. Our Drive way is part of our 10 acres as is the neighbors next to us. with the center of the drive way being the property lines. The drive ways are equal in width and length each being 30ft wide and 1700 ft long both drives are straight with no need for either us or property owner next to us needing access to the others side. that said my survey shows my driveway as being property line but it also calls it and easement. in the deed it simply states subject to a 30' wide easement 1,700ft long with no further description. my question is we bought several years before our neighbor and have invested several thousand dollars to rock our entire 1,700ft drive the neighbor who just bought his property several year later has made no improvements to his side that is washed out from lack of upkeep. while he's owned the property several years but we hardly ever saw him until recently as he just got married and built a house and is now daily using our rocked maintained side of the road. I approached him about his plans for his driveway and concern about using mine daily and he stated he had no plans to improve and use his side and there was nothing I could do to prevent him from using my side. to add insult to injury he's constantly having guest over who use our side. I threatened to put a fence and Gate down the middle of the drive way which again is also my side property line and he stated I couldn't fence it and he would tear down the fence. any thoughts on if there is a way to stop him from using my improved drive way ? thanks
Use and Enforcement: Fencing a Driveway - Easement
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