*sigh*
Here's the situation:
Like every other house on my city block my lot is 40 feet wide by 80 feet deep.My house is centered on the lot.Five feet of yard then my fence then the neighbors driveway to my west.That side isn't the problem.On the East side it's a similar setup.Five feet of yard then the driveway(+/- 11 feet wide-it tapers about one inch/twenty feet from the road) then the neighbors house.About 8 inches of the driveway is on my property @ the sidewalk end & 4ish inches @ the top end.My house was built with two vehicle easily accessible parking areas behind my house & theirs w/one easy(straight thru from the driveway)& another that takes a bit of work to get around the corner of their house.
It's a bit odd but my house was built in 1934 by a fella & his wife (the Caulkins)to be there last home.They owned both lots.A few years later the (now neighbors) house was built for the Mother in law.Built back when one car/household was more the norm.My Grandparents moved into my home in 1961 & eventually bought the place in 1978 from the original owners as the Widow Caulkins was on her way to a nursing home.The property next door had been sold in 1973(mother in law died)to a family that lived there 'til 2005.The easement was paid for in 1978-when the grandparents bought the place.I know of only two driveway access spats in over thirty years.Both solved quickly & w/minimal fuss.
My easement is written as"Lot 25 of" blah,blah,blah"Together w/an easment for ingress & egress over the West 10 feet of (the neighbors lot) granted by right of way easement as recorded 11/2/1978...registrar of deeds...
The problem is very simple.The neighbors park in my easement.They block me either in or out of my parking area.In fact,since May 7th,I've been parking on the street in front of my house.The final straw was on the morning of May 7th @ 6:30 when I went to leave for work,I found my car blocked in.They didn't answer repeated knocking & pounding on their door(though I saw a shadow looking out their window)I finally chose to drive thru the shrubbery bordering my house & was able to squeeze past there car.& get to work almost a half hour late.The need to be on time is what made me decide to park in the street.
Backing up just a little.In early April I noticed that the house next door was sold & that it looked like the new owners were a 30ish couple w/a little girl.O.K.,swell.Whatever.Almost immedately they started parking in my easement.It was irritating but my thought was that they were a young couple,possibly w/their first house,& that they were probably coming over here right after work to work on the new place for a few hours before going home.The place needed work & they seemed to have several friends over to help them.My thought was that,in a few weeks,all the extras would be gone & things would return to "normal".I would cut them some slack & not be a jerk.
Having not a clue where to turn I contacted the City for advice in late April.They told me to contact my Title Insurance.After the events of May 7th,I did.It took two weeks to get them to even admit that I'd even contacted them(By snail mail,that.I'd originally contacted them via email.They never returned a single phone call nor was I ever able to speak to a human.Nice.I didn't even get to "press 2 for English"
)
It wasn't until July that I was informed that someone local was looking into it for me.That worthy actually called(!) me & informed me that they wanted to survey the property & would I both consent & fax them a copy of the last survey.Sure says I,no problem.That attorney also sent the neighbors a letter asking them for permission to come on the property to survey the place.He(my attorney)called me later & suggested that I just "sue them".I belive that he referred to them as "not smart".This was in late August.He also forwarded me(verbally)that it was my title insurances position that the matter was of criminal trespass & not civil.That I should seek my own attorney locally to deal with it.
Now the money part.I'd wanted to have my house on the market last spring.Since my title insurance was handling it I chose to remodel & upgrade most of the interior.Nothing major but time consuming & a constant drain on the $$$.As I didn't want to move w/any debt over my head I spent the fall finishing paying off credit cards & such.
So it's 8 months later,I'm all but debt free I only have a couple of projects to finish.Christmas is over so I can start saving again,I can't reliably access my parking areas,& I really want to sell the place this Spring.
I have a hundred odd pics of them blocking the driveway but haven;t known what to really do with them.
As it's been going on so long I thought that I'd park in my parking area whenever I can Friday or Saturday & take several pics of them over the four day weekend as they block me in.& take those-with all the others-to a lawyer,next week.
I hope that that covers it.
