Need to know which state you live in. Real estate law varies.
When the property was purchased there was no statement of easment.
Again...need to know which state you live in, but in california at least...lack of statement at time of purchase has no bearing on whether or not an
easement exists. It's possible you may be able to take legal action against the title insurer for failure to disclose the easement.
My vehicles are not hurting anything and are not an eye sore.
have been accumulating photos of easement
violations on even the same roads.
I would recommend you not depend on this getting you anywhere. You don't know for certain that these other people aren't also receiving notices, and
whether or not they are...it doesn't change the fact that you
are. Imagine trying to get out of a speeding ticket by claiming that other
people were speeding too. It's not likely to work, and the court may very well turn around and point out that your documentation of violations simply
confirms your acknowledgement of your own violation. If you try to say "Oh, well it's ok for me to do this because other people are too" the court
can reply with "ahh...so you ADMIT that you're doing it too, right?"
There is no legal grounds for enforcement of the
easement only on certain individuals.
There is no precedent that the state is required to enforce it on everyone they possibly can. In any case, the reason
they chose you is
obvious: you've the corner lot.
People throughout town use the "easement" as a driveway.
...this is the only thing that comes to mind. If you've been actively using the portion of land described as an easement openly and notoriously for
12 years, and if you've been paying taxes on the property this entire time, it's remotely possible you might be able to claim it as a prescriptive
easement yourself via adverse possession.
The entire premise of an easement is that is an allowance for a third party to use property that doesn't belong to them. One of the ways an easement
may be aquired is simply through open and notorious use over a number of years. For example, if your neightbor builds a fence a couple feet onto your
side of a property line, if you don't do anything about it for long enough, they may acquire use of those extra few feet as an easement. As a
property owner, it is your responsibility to pay attention to this sort of thing.
However...it sounds like in your case, the easement on your property is an easement in gross. As you say, 50/30 feet has been reserved in easement
along the entire length of the street. It's not just you.
What I'm proposing is that you look up the number of years of regular and continuous use required in your state to acquire a prescriptive easement,
and hope it's less than 12...and attempt to claim that you've been using the area as a driveway for long enough that you can claim it as an easement
of your own, over the existing easement.
At least...it's a thought. I make no claims or warranties. It's just the only thing that comes to mind.
They posted stickers on my vehicles threatening fines if I do not move them.
I will of course plea not guilty.
...incidentally...what are you pleading not guilty to? I've assumed they've told you you can't park there at all...but after reading through a
second time I'm starting to wonder if this is just a 72 hour parking ticket? If it is...I'd consider simply showing up with a property line/survey
map and pictures and point out that you're parking within your own property line. The easement may be irrelevant.
[edit on 17-8-2009 by LordBucket]