Help! I need legal advice re: easements

[plowhog]

I found it astounding based on the information we were presented

This is the part of this that bothers me. I was in a property dispute, in court, and it cost me over $100k even though we prevailed on every issue. Took nearly 4 years to resolve what we should have been able to do ourselves in an afternoon or maybe two. But if you were at a party and bumped into the person we contested against, he could convince you how "wronged" he was, how the judge and other got it wrong, and blah, blah. He has a very good talent of selecting facts and making it seem he is right and is being wronged.

I don't know the true circumstances of this, since I only heard one side. The part that most bothers me is that with my experience with the court system, I did not see or understand how a totally innocent party could get such a large damages award against them. The description was no evidence at all except one picture of his face. I have a hard time believing that could trigger such a large award. Again, I don't know. But I wonder?

 

[ultrarunner]

My Dairy Farmer Grandfather had a saying...

Two Farmers argue over the ownership of a cow... the only ones sure to eat well are the lawyers.

As a kid... I had no idea what it meant but it stuck with me as an adult.

My take away is court is generally the least preferred option for us mere mortals.

Way off topic... the daughter of a friend married well... she and her husband split... he found a younger girlfriend... he was also CEO of two companies anyone would recognize.

With the pre-nup the only thing really to divide was the family home... when all said an done... she walked away with a million dollars...

I heard her friends and family said she needed to make him pay... for several years they dragged each other into court... he even said how long do you want to keep this up because I can outspend you.

In the end... she spent 4 years on most of what she received on legal fees... it broke her spirit.

She did say I was one of the only ones who advised great caution and that she shouldn't have let her emotions get the best of her...

 

[Midniteoyl]

A while back I tried to look for the other side of the story. In the threads it was mentioned. I never found it but thought it would really have been interesting if we could have heard it.

Anyway, easements are always an explosive issue if you have a party that wants to pursue it.

This guy claims to have found the case.. https://www.tractorbynet.com/forums...eed-legal-advice-post3301104.html#post3301104 Maybe he'll finally share the links.

 

[Midniteoyl]

On some cold, rainy night, make it a point to start reading this thread from the beginning. It's quite the story and quite the lesson. Just awful.

I re-read it again tonight. Definitely only got one side of the story, and, on the re-read, some things of that story don't quit add up. I'm thinking this wasn't as tragic as its made out to be. Need to find the actual case though.. and the newspaper stories.

 

[dodge man]

I also don’t know the exact details but I see some warning signs in the OPs original post. He refers several times to the fact he is stealing my land, even though there was an easement. A one sided story for sure. Sometimes it woukd be better to just move away. If the OPs story is true it was a terrible end result.

 

[TheMan419]

I have not read the thred. However it can only contain one side. The op side. Even if we had the other party tell their side the truth lies in the middle.

 

[riptides]

This guy claims to have found the case.. https://www.tractorbynet.com/forums...eed-legal-advice-post3301104.html#post3301104 Maybe he'll finally share the links.

Back then, I reached out to that poster, no reply back.

At the time, we too, we in a battle of easements and ROW's. So I was not creeping. LOL.

 

[Up to the Axles]

Any help from the TBN team is appreciated.

Did you get title insurance when you bought the property? This is exactly why you get same; it's then the insurer's job to protect the property.

 

[dodge man]

A very old thread but I can almost promise title insurance wouldn’t cover the OP’s problem, there is almost always a survey exclusion. It reads something along the lines they won’t cover anything “a current and accurate survey” would show.

 

[dmccarty]

This discussion started 21 years ago which is hard to believe. Seems like yesterday.... It was a long, drawn out and horrible situation. Educational though. I don't think the original poster talks about the situation any more.