Help! I need legal advice re: easements

[Gator6x4]

In fact I believe we have an extremely poor system of settling civil disputes. Anybody can sue anybody with virtually no downside. What is really ridiculous is "pain and suffering" when there is no true pain or suffering. As ridiculous as a lawsuit may be, the one being sued will automatically incur thousands of dollars of legal fees because without a a proper answer a court will issue a default judgment. In other words, if you don't play the game which is to line the pockets of the legal profession......you lose.

I am a CPA. Our firm was sued by a bonding insurance company because their customer went broke and didn't finish a construction project. The customer had presented to them audited financials on our letterhead. Only problem is, we didn't do the audit, we didn't prepare the financials, in fact we had never even heard of the company. They even spelled our name wrong, and the company was in San Antonio - we are in Dallas. $20,000 of legal fees later the bonding company finally released us from liability.

The system is broke. All the key posts that could fix it are populated by lawyers, and that is why it never will be fixed.

The system is fine, it's the people who are trying to game the system that is the problem. More and more such individuals are coming out of the wood works every day. Don't ever be caught in a civil situation with what is referred to in the legal field as "deep pockets". Always remember each day as you start out into to the world, thousands are setting somewhere devising a plan to take what you have worked for.

We do not live in a friendly environment. Greed, deceit and thievery rule the day.

 

[grhouse]

Why not go ahead and build the fence now, even if the RV is still parked there? You own the land and you have, by now surely, have informed him that you no longer wish him to park there. Assuming that you have clear title to the land and have had it surveyed as evidence then you have every right to fence it with a strong wood fence. If he wants it out after that then let him pay for someone to get it out knowing that they have to pay for any damage to your fence. Gene

 

[grhouse]

"If the RV is moved, build the fence....if not, put a lien against it. You will eventually collect....then take a deserved vacation from the jerk (after rigging your property against possible adverse intrusion)"

Why not go ahead and build the fence now, even if the RV is still parked there? You own the land and you have, by now surely, have informed him that you no longer wish him to park there. Assuming that you have clear title to the land and have had it surveyed as evidence then you have every right to fence it with a strong wood fence. If he wants it out after that then let him pay for someone to get it out knowing that they have to pay for any damage to your fence. Gene

 

[Midniteoyl]

Dont think that would fly..

 

[riptides]

This thread is many years old. The results were not good from one point of view.

 

[kiotiken]

You guys might want to read the whole thread. The original post goes back to 2002 and developed into one of the most tragic tails in TBN history.

 

[Midniteoyl]

I did.. was just answering the post...


However, when I bought my property, there was a tract of land owned by his sister that was landlocked.. Instead of going through the whole easement thing, I simply had everybody sit down and work out an agreement where he surveyed off and deeded over to her a section a little smaller than 1/2 an acre that gave access to her land. It was all part of the agreement to purchase, and he needed to sell, so was willing. Simple and I dont have to worry..

 

[kenmac]

This is an old thread..wonder how the op is doing today

 

[MossRoad]

He hasn't posted since 2010, and hasn't been active for 3 years.

I, too, hope he has found some peace from this horror story. It did not end well.

 

[riptides]

He hasn't posted since 2010, and hasn't been active for 3 years.

I, too, hope he has found some peace from this horror story. It did not end well.

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.