Neighbor has elected to damage over 20 trees

   / Neighbor has elected to damage over 20 trees #371  
So I'm sure the OP will be thrilled to learn that you are willing to fund his legal battle to "Right All Wrongs" in it's entirety, including all appeals, through the end of time.

Cool.

I'm not funding anything, period, nor did I offer to?!:confused2::rolleyes:
How the heii you concluded that from what I stated is a mystery to mankind. I stated facts brought to our attention by the OP numerous times.
Cool.

So if I get approval from 3 of the 6 owners out of 10 I contact and one doesn't respond, I can proceed with whatever I want to?

You can do whatever you want to. I did not define what the majority means, and neither did the covenant(s) most likely. Reminder there are 16 parcels in the development, two of which are owned by the thief/neighbor, so you'd likely need more than 3 of 6 of ten to establish a majority; but hey you're the expert, right?:cloud9:
 
   / Neighbor has elected to damage over 20 trees #372  
I'm not funding anything, period, nor did I offer to?!:confused2::rolleyes:
How the heii you concluded that from what I stated is a mystery to mankind. I stated facts brought to our attention by the OP numerous times.
Cool.



You can do whatever you want to. I did not define what the majority means, and neither did the covenant(s) most likely. Reminder there are 16 parcels in the development, two of which are owned by the thief/neighbor, so you'd likely need more than 3 of 6 of ten to establish a majority; but hey you're the expert, right?:cloud9:

It started out at 10 properties and was later changed to 16. Nobody knows what the whole story is it’s changed so many times.
 
   / Neighbor has elected to damage over 20 trees #373  
There is also the legal term referred to as 'right of adverse possession', which describes a situation where someone uses someone else's property over a long period of time, (for instance 10 years), and at the end of said term has the right to the property through the remedy of law pertaining to same.

Similar to the prescriptive easement already described.

Laws vary State to State, and even with the law on one's side, in the end it's all about interpretation of same in each specific case. Questions?
 
   / Neighbor has elected to damage over 20 trees #374  
It started out at 10 properties and was later changed to 16. Nobody knows what the whole story is it’s changed so many times.

I stay with the latest data provided by the OP. You?!
 
   / Neighbor has elected to damage over 20 trees #375  
As you said state laws differ......and I dont doubt your statement, however.......

In most cases for easements, even prescriptive easements, the petitioner has to show a need for the easement.

I cant imagine a judge granting a prescriptive easement for a recreational horse trail.

:drink:
 
   / Neighbor has elected to damage over 20 trees #376  
It started out at 10 properties and was later changed to 16. Nobody knows what the whole story is it’s changed so many times.


That is a tremendous understatement imho. :thumbsup:

Or you were just being kind and giving the OP benefit of the doubt. :D

Now, which is it? :laughing:
 
   / Neighbor has elected to damage over 20 trees #377  
Again, fellas, the OP already agreed that he didnt' do the greatest job at presenting all the details at once, we all had a good laugh, learned some stuff about right of ways, and that was nice.....

So stop poking him in the eye every chance you get.
 
   / Neighbor has elected to damage over 20 trees #378  
Again, fellas, the OP already agreed that he didnt' do the greatest job at presenting all the details at once, we all had a good laugh, learned some stuff about right of ways, and that was nice.....

So stop poking him in the eye every chance you get.

:melodramatic: :punch:



.
 
   / Neighbor has elected to damage over 20 trees #379  
" I cant imagine a judge granting a prescriptive easement for a recreational horse trail. " There are instances here where long time canoe portages are deemed public highways under the definition of Public Highways Act.
Al
 
   / Neighbor has elected to damage over 20 trees #380  
Does the road lie within the easement? Nothing saying it has to be in the center of it.
 

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