Legal Question in Real Estate Law in Indiana
land use permission
my neighbor owns parcels of land on each side of mine. he asked permission to move his livestock across my property from on of his parcels to another on a regular basis. while i was ill he bull-dozed off several acres and fenced it and put locks on the gates as well land locking several more acres. he says he had a right because my permission was a contract though only verbal. i say that since no consideration was discussed and actual damage done, the fence he installed is now mine and i no longer extend permisssion to use my property. can he force me to pay for the fence he installed andforce me to continue allowing his use of my land in any way?
2 Answers from Attorneys
Re: land use permission
Confer with counsel soon. I think you should be able to revoke your permission. Do it in writing, by mail, certified return receipt. You will probably need a lawsuit to resolve this, but try to get the sheriff to come out to help you enforce your rights. (Sometimes the sheriff will help, but usually he says the matter has to be resolved by the court. Which is correct.) Sorry you have such a lousy neighbor.
Re: land use permission
Your agreement that he could move the animals across your land on a regular basis was the grant of an easement that it appears neither of you have had recorded. He does not have the right to fence off your land and prevent you from using it. Even had you given him an exclusive use easement (no one but he would use it), he cannot use that grant to prevent you access to your own land. Since he exceeded the scope of the easement granted, he cannot compel you to pay for the fence. I see a significant lawsuit between you and your neighbor to settle exactly what easement you granted him and whether he is using it properly.
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