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  1. #21
    Veteran Member
    Join Date
    Apr 2000
    Posts
    1,028
    Location
    Mid-Michigan
    Tractor
    Kubota L3710 GST

    Default Re: Help! I need legal advice re: easements

    Someone already mentioned the word "abandoned" .... and that was something that occurred to me as I rode into work this morning (yeah ... I'm having an annoying neighbor problem too - and that made me think about my visceral response to your posting). You mentioned it's only been used once or twice in the past x years ... and my thought was that it certainly sounds like abandonment. Have you checked the local code to see what it says about people leaving old clunkers laying about their property? A positive find would be good reason to have the authorities impound it!
    Good luck!
    Me ... I plan to win the lottery so I can buy my neighbor out, burn down his house and salt the property !!!!!!!

  2. #22
    Super Star Member
    Join Date
    Sep 2000
    Posts
    10,100
    Location
    Triangle Of North Carolina
    Tractor
    JD 4700

    Default Re: Help! I need legal advice re: easements

    Rick,

    I heard that Harv needs a CA lawyer. Can you represent him in CA
    or give some CA legal advise?

    [img]/w3tcompact/icons/smile.gif[/img][img]/w3tcompact/icons/laugh.gif[/img]

    Great post by the way. [img]/w3tcompact/icons/smile.gif[/img]

    Later...
    Dan McCarty

  3. #23

    Join Date
    May 2001
    Posts
    336
    Location
    Summerside, OH
    Tractor
    NH TC33D; RTV900; Gravely Professional

    Default Re: Help! I need legal advice re: easements

    Dan--

    Thanks. I sure hope md finds her way here, as it sounds like a lousy situation, one which brings to mind the first rule of good neighbors (good fences). As to Harv, let me just call my carrier first, so that part's out of the way . . . then, no problem!! [img]/w3tcompact/icons/laugh.gif[/img]


  4. #24

    Join Date
    Aug 2001
    Posts
    472
    Location
    Central NY
    Tractor
    Kubota B7500HSD

    Default Re: Help! I need legal advice re: easements

    Does he move the RV much? If so, the next time that it's gone, fill up the parking area with junk (firewood, etc.) and then put a sign in front like "no parking" or "park at your own risk" so that he can't say that he backed over the wood or junk and ruined his tires or something.

  5. #25

    Join Date
    Aug 2000
    Posts
    239
    Location
    Texas
    Tractor
    my 18 horse Sears doesn't even count as a tractor

    Default Re: Help! I need legal advice re: easements

    This is the definition of easement that I found on the web:
    n. the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. Typical easements are for access to another property (often redundantly stated "access and egress," since entry and exit are over the same path), for utility or sewer lines both under and above ground, use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. Easements can be created by a deed to be recorded just like any real property interest, by continuous and open use by the non-owner against the rights of the property owner for a statutory number of years, typically five ("prescriptive easement"), or to do equity (fairness), including giving access to a "land-locked" piece of property (sometimes called an "easement of necessity"). Easements may be specifically described by boundaries ("24 feet wide along the northern line for a distance of 180 feet"), somewhat indefinite ("along the trail to the northern boundary") or just for a purpose ("to provide access to the Jones property" or "access to the spring") sometimes called a "floating easement." There is also a "negative easement" such as a prohibition against building a structure which blocks a view. Title reports and title abstracts will usually describe all existing easements upon a parcel of real property. Issues of maintenance, joint use, locking gates, damage to easement and other conflicts clog the judicial system, mostly due to misunderstandings at the time of creation.

    IMHO the SOB has no right to park anything on your property or even in the easement for that matter. I believe that is one reason they make 8 gauge barbed wire. I would be putting it up along all common boundaries with your "neighbor" and on both side of the road access easement. Best of luck.

    Randy

  6. #26
    Elite Member Richard's Avatar
    Join Date
    Apr 2000
    Posts
    3,154
    Location
    Knoxville, TN
    Tractor
    Fullsized JCB Loader/Backhoe

    Default Re: Help! I need legal advice re: easements

    Someone said somethign regarding the RV being abondoned. Years ago, my 1971 Olds 442 convertable broke down in Charleston, SC.

    Long story short..(I had 2 cars) took several MONTHS for them to "find" the part...suddenly, I get in the mail, some kind of certified letter saying that my car had been declared abonded and I had 30 days to contest or I lost TITLE of it to THEM.

    In the meantime, I'd been in conversations with them about my parts so they NEW it wasnt abanded AND knew how to reach me. Clearly was an attempt at legal theft in my opinion. Well, once I got this, I saw what I was dealing with, jumped on phone, found part myself in maybe 2 hours had it shipped to them and had a nice verbal meeting with them when I picked it up.

    Point being..can you "take title" via some form of what happened to me?

    by the way, happend to my father once and he DID lose title to his car. Saw it parked somewhere and said.."hey..that's my car" and had a hard lesson.

    Hmm... anyone seen my wife for last 30 days??? [img]/w3tcompact/icons/grin.gif[/img]

  7. #27

    Join Date
    Aug 2000
    Posts
    3,371
    Location
    California - S.F. East Bay & Sierra foothills
    Tractor
    Kubota L2500DT Standard Transmission

    Default Re: Help! I need legal advice re: easements

    <font color=blue>I heard that Harv needs a CA lawyer</font color=blue>

    Huh? How did you hear about my pending competency hearing?

  8. #28
    Super Star Member
    Join Date
    Sep 2000
    Posts
    10,100
    Location
    Triangle Of North Carolina
    Tractor
    JD 4700

    Default Re: Help! I need legal advice re: easements

    Harv,

    As an astute observer of human nature, I could see the down
    hill slide.... Course maybe the earthquake(s) had something to
    do with it. [img]/w3tcompact/icons/smile.gif[/img]

    Besides you are the only CA resident I could think of that MIGHT
    need a lawyer! [img]/w3tcompact/icons/smile.gif[/img]

    Later...
    Dan

  9. #29

    Join Date
    Sep 2001
    Posts
    545
    Location
    Upstate NY
    Tractor
    John Deere X585 4WDq

    Default Re: Help! I need legal advice re: easements

    Well its always fun to have a neighbor who lives to make your life the newly found 10 cirlce of ****.

    mdbarb, I say go for mediation only if it is non-binding. You may learn some beneficial items to use in court. He abandoned his vehicle and a registered letter from your attorney to them and theirs telling them of such along with your intent to impound and sell off said abandoned vehicle is not a bad idea.

    Now here is a neat item. I remembered a link to the AW Direct Catalogs (looking for stuff) and found this little beauty. See attached. A tire boot. The ones the meter maids use to lock your car in place. Since it is abandoned and you want to sell off your newly found asset, but don't want it stolen, try a little protection.

    Good Luck.
    Attached Images Attached Images

  10. #30
    Gold Member
    Join Date
    Oct 2000
    Posts
    367
    Location
    Northern California
    Tractor
    B21

    Default Re: Help! I need legal advice re: easements

    Well, the latest developments:
    My neighbor has fired his attorney and hired another.
    The bad news is one would want his oppponent to keep a poor attorney and I don't know what the new guy is about. My attorney says he seemed very hard nosed. I've let my attorney know that his what I would like them to think of him also!
    They have finally surveyed the easement - which they were supposed to do when they bought the easement 13 years ago and SURPRISE! their dashed lines delineating the centerline of the vague area of parking/road is situated just so that they maximize their use, then it turns parrallel and runs along the propertyline on my side. ridiculous.
    We have to respond to their initial complaint (of us using our own property) by next week so something should shake down soon.

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