Let me start with the background. When we first bought our house 8 yrs ago we knew that the back part of our property (which is basically a huge hill with
tons of trees) bordered the back of a horse trail park. So one day my husband had a dozer here and blazed a trail up to the top of the hill of our property so
we could try to access the horse trails. There's another house at the top and we talked to them about walking across their driveway to get to the trails.
They wanted an easement written out so they wrote up that we could walk about 25 feet across their driveway and they could continue using the part of OUR
property that they were mowing for a yard. We all signed and had it notarized.
Shortly after this we found out that if we rode thru our other neighbor's we could access the horse park much easier so we got their permission and have never used the easement. Now over the years their older son (probably in his 20's) has popped out I think twice on our property from the trail we blazed. Once asking if we saw his dog and another time to check on us after we flooded. It bothered me that he did this, I would rather he drove here instead of coming out of the woods but it only happened twice in 8 yrs.
So tonight hubby and I are out cleaning stalls when I hear a machine that sounds like it's on OUR property on the hill. So the whole family (because the kids refused to be left behind) plus the new kitten on my son's shoulder, hike up a very steep hill to find the source of this noise. We get to a little flat spot and see a fucking dozer knocking down branches and bushes!!!!!!!!!!!!! It's the older son of the neighbors! When my husband confronts him he says that he thought we had an easement and he was just clearing the trail. UH NO asshole! We tell him that the only easement they have is to mow the lawn that is technically OUR property, turn the dozer around and leave NOW! In the original agreement we stated NO motor vehicles allowed, only horses. He then gets on the phone but he's too far away for us to hear who he's talking to. My guess is his dad to verify the agreement.
He does turn around and leaves. I would LOVE to know WHY he needed a trail to OUR property! My question to anyone lawyerly (BIWAP, OPL) is how legal is that notarized piece of paper from 8 yrs ago and is there a way to cancel it?
Shortly after this we found out that if we rode thru our other neighbor's we could access the horse park much easier so we got their permission and have never used the easement. Now over the years their older son (probably in his 20's) has popped out I think twice on our property from the trail we blazed. Once asking if we saw his dog and another time to check on us after we flooded. It bothered me that he did this, I would rather he drove here instead of coming out of the woods but it only happened twice in 8 yrs.
So tonight hubby and I are out cleaning stalls when I hear a machine that sounds like it's on OUR property on the hill. So the whole family (because the kids refused to be left behind) plus the new kitten on my son's shoulder, hike up a very steep hill to find the source of this noise. We get to a little flat spot and see a fucking dozer knocking down branches and bushes!!!!!!!!!!!!! It's the older son of the neighbors! When my husband confronts him he says that he thought we had an easement and he was just clearing the trail. UH NO asshole! We tell him that the only easement they have is to mow the lawn that is technically OUR property, turn the dozer around and leave NOW! In the original agreement we stated NO motor vehicles allowed, only horses. He then gets on the phone but he's too far away for us to hear who he's talking to. My guess is his dad to verify the agreement.
He does turn around and leaves. I would LOVE to know WHY he needed a trail to OUR property! My question to anyone lawyerly (BIWAP, OPL) is how legal is that notarized piece of paper from 8 yrs ago and is there a way to cancel it?

FFV 