Many defer to an attorney because they can look at ALL the facts (State, number of years you have given consent, etc.) and give you advice; real estate agents are warned about not giving legal advice to clients. Attorneys can best inform you of your actual legal rights relating to this circumstance.  If a client asked me about this, I would ask them to first bring out their plat survey, show their neighbor and see if they did not realize they were encroaching. I always hope people can work it out themselves.

     Call the Sheriff or local police, and the news media, and as many tow trucks as necessary.  Give the neighbor an ultimatum, then tow the trespassing vehicles off your property.

I agree with Debe Maxwell adverse possession laws come in play here

Come and let us reason together comes to mind along with a meal thrown in. Human nature is to be understood first and nudged second

Sounds like an opportunity for an enterprising lawyer!

John DL Arendsen -- I think there may be issues that vary state by state. I would be careful about letting your lawyer rack up a big bill.  

I had a listing around 2007 that was priced at over $2mm. It had an easement that crossed another party's lot. The owner of that lot put up a gate and a NO Trespassing sign. The owner of the lot I had listed decided he wanted to act on the situation using legal means. It took over two years to get it resolved. The guy who put up the gate and the NO Trespassing sign lost and paid my Client's attorneys fees. 

In the meantime the bottom fell out of the market and I believe my Client lost well over $1mm because he was prevented from selling it when the market was right.

I think if it were my property, I would have ripped out the gate and argued about it later. Of course this is NOT LEGAL ADVICE.  I believe the attorney hired by my client milked the situation which should have been resolved quickly on the strength of a well-written easement document from long ago.

Sometimes attorneys do not act using good business sense.

Implied or expressed, here in NC, adverse possession is what it is and here, you would have given him adverse possession.  I would love to hear what your attorney recommends you do - however, I really love Fred Griffin's answer!!  Keep us posted, John DL Arendsen! 

Ring up an attorney and let them sort things out. That is their job and they are trained to sort these situations out. Good luck and let us know what happens.

John,

You attorney knows much more than we do, so I wouldn't even begin to say anything.  This is not our expertise, so all I can do is wish you the very best outcome.  A

I believe that once you give permission that the clock stops on adverse possession, but your attny will be able to clarify this further.

The most important thing is to act, and act in writing. Time is on the side of the person using the access.

My thoughts would be "does he pay property taxes on that access road?"  That's one aspect of taking possession of an easement.  Since he has his own access, I'd formally revoke his access via your easement and give him 30 days to remove his vehicles or they'll be towed at HIS expense.

But that's just my "to the mattresses" approach.

That is a difficult one. If I understand it correctly, you allowed your neighbor access to the easement that he is now abusing the rights off. It depends on your state laws and the duration of the current situation. Consult an attorney and then put up a fence... better yet, put up a wall.

John DL Arendsen - my neighbor used to mow my only part of my lawn and I had to talk to him - please don't! And it was fine.

Check with a real estate lawyer

Each state has it's own laws for adverse possession. How long has your neighbor been using the easement? 

Grear question.  Glad you found GOOD legal advice.  I beleive as far as haven given the neighbor advese possession I don't think it has been long enough for that.  But, reguardless, they can not block the flow of traffic.    I would be careful on allowing any access to continue.

You mentioned the proper course, i.e., legal counsel, so I would go that route, particularly if you can prove the alternative private easement and argue that your servient easement is redundant and unncessary. The court may make a decision in your favor.  Your RE attorney must have answers already for you. None of them free, for sure

What I know is that I am not licensed to practice law and therefore unable to render my opinion without being at risk of practicing law without a license. 

I just had this discussion with my RE atttoney the other day.  

Good luck to you.

I know what I don't know and would suggest you follow the advice of your attorney.

Talk to the neighbor

Remember you cannot pick your neighbors nor can you easily move your home. I would block his access to your easement and then wait to open up dialogue with him . 

From past situation, if they have been passing through for 7 or more years, then they may have a right to that right of way as well. That does not give them permission to block a right away by parking in it though. It may go back top how it is written or if you have addressed this with the neighbor over the years? Hope you share your lawyers advice. 

I think adverse possession is a difficult case....  it's easier to block your easement with large concrete barriers and force him to use his own.... 

John DL Arendsen Check out an easement by prescription. There could be a timing issue.

Tell him to cut it out. Remind him you have a gun and own a back hoe.

Talk first and discuss - if unable to solve it's the law time.

In some states an easement for that many years may be considered right of passage and ownership given to usage right of way

Slippery slope allowing an easement

Alert the authorities! Don't approach this yourself.

My advice, go see a good real estate attorney.

In IL yes you would just by the years that have passed.

Cease & desist letter perhaps?

In AZ it would depend how long you have been allowing this

In NC, adverse possession occurs when the neighbor does not have permission, hence the term adverse. You gave permission so there was no adverse possession. However, what is going on now is adverse possession so you need to stop it before the required time frame passes and you lose contol.

Legally this can be different from state to state... and I wouldn't propose anything in this regard as it's more of a legal and real estate issue.

Have a survey done, tell the neighbor your putting up a fence, they will stake out the lot and give them some time to Move Off.

I would seek the advice of a real estate attorney...

I would seek the advice of your trusted attorney. You have allow use of the easement for some time and it might meet the legal criteria of adverse possession, but given the nature of how usage has changed you might be able to pursue action wtih the police. There's one thing to allow access and use but quite another whereby it is no longer passable or usable by the owner.   But I am no attorney! Could be fun to talk about at our meetup on Saturday!

Talk to an attorney.

You are asking "Have I, by being a good neighbor, given him adverse possession."

This is a legal question about your own situation in your state.  I am not familiar with the laws and regulations applicable in your situation so I will just read the other commentaries.

You have done the best thing you can do by consulting an attorney. I can't think of anything else.

35 years!

You ask a question and hope to dictate the answer. 

That won't happen.

You need to get your attorney involved since you ware asleep at the wheel for 35 years.

See what the easement says and what's recorded. Having access easement means access ( ingress and egress), not storage lot. You can't block easement. If access to his lot isn't included in the recorded easement, you might have to put an end to him usuing your easement. Here, you haven't given him adverse posession.Who actually owns the property the easement crosses? Once you verified what's correct, keep the law on your side. Ig you have to, get all vehicles towed, and serve the owner a no trespassing notice. ( assuming that's what your attorney advises).