Belt Auction

What rights do property owners have in Ohio regarding private driveways on their property?

My parents own approx 55 acres in Columbiana County. There is a driveway going up their property. A few years ago, there was an auction held to sell a piece of property above theirs - at this auction, an announcement was made stating that this piece of property was landlocked and had no legal means of entry onto this property. Someone purchased it and has been using the driveway on my parents property to get to this piece of land - not only that, they have bulldozed the driveway twice, knocking down a large tree clearly posted with a "No Trespassing" sign on it. He has put up other "No Trespassing" signs and these have been knocked down. My father has asked this person to stay off his property, but now this person is claiming that the driveway is a common law road. When my father tried to make a complaint with the local police department, he was given the run around and told it was a civil matter. When he met with the prosecuting attorneys office they asked if he made a police report. The only easements (or anything else) ever granted were 1, to the township to have a township road cross part of his driveway; 2 to an oil and gas company a lease to put a pipeline across the property; and 3 for the railroad to lay track across a small part of the property. No other legal access is given to anyone else.

Public Comments

1. your fathered need to get and lawyers I know something like this happen in Hamilton county (ohio) and the police would not do anything about it.the women had to get a lawyers than thy listen
2. Every property owner has a right to access his or her property, even if that means traveling over another person's property. Your father's new neighbor probably has an easement of necessity. You father should consult an attorney, but the most he might be able to hope for are some reasonable restrictions on the use of the driveway. EDIT: An easement does not have to be recorded to be valid. Your parents may have several types of court action that they could use to try to keep the new neighbor from using the driveway, and they may even prevail. However, the new neighbor has an absolute right to access his property by some means besides helicopter. He will have the opportunity to request that the court grant a permanent easement, which will be recorded and will grant him an absolute right to use whatever easement is granted. If your parents cannot work out a deal with the new neighbor, the best thing would be to resolve the issue in court. Even if the court grants an easement to the neighbor, it will specify the dimesions of the easement and it will limit the nieghbors access, including his ability to bulldoze or make other "improvements." Your parents should consult a lawyer in your area that deals in property law. The state bar association may be able to refer them to a lawyer in your area, or they could try searching for an attorney at http://www.martindale.com/ Your parents are not the first land owners that have had to deal with this type of issue. Many courts around the country have seen similar litigation since our country first established courts. In facts, many courts will still cite to English Common Law cases that were decided hundreds of years before our country was established. I know it is frustrating, and it will likely take time and money to resolve, but your parents have to do what they have to do; or they could just let the guy use the driveway. Good luck!
3. You say he is bulldozing, and knocking down trees? It seems it's on. I would put up a substantial gate. Dig a deep ditch across it. Make sure he gets flat tires from all the junk I would lay across the road. If he wants to play rough let him have it. No mercy. Drop a couple trees across it. Plow it up,rut it, keep it wet, turn it into a quagmire. I wish I could change places with you, I would have a ball. Go for it, have fun. Park an old junk car in it. It's endless. I keep getting more ideas as I write this. But you get the drift.
4. I agree with the upthread opinion that this is probably an easement of necessity. The neighbor probably does have access to his property via your parent's driveway. However, I doubt that the neighbor has the right to bulldoze trees on your parent's property.
5. You should consult an attorney, my friend Debbi can help you, give her a call. Her number is 1-866-471-3782 or her website www.debbicarroll.com and tell her that Mark referred you