Is there any such thing as abusing a easement across my property?

[4570Man]

I really think you’re in the wrong to attempt to ruin this guys side business without first trying to reach a neighborly solution. Just think if you succeed and he sells the place. The possibility for way worse neighbors then exist. When you read these long threads that ended up with years of court and thousands of dollars wasted almost always started with an ahole at both sides.

 

[Streetcar]

I remember this. I always wondered what the other side of the story was? He portrayed himself as the victim, and every lawyer involved was incompetent. That really sent up some red flags for me, which makes me question his version of events. That was way too much money to have to pay to not to have done something wrong.

I thought on another easement thread a tbn member looked up that case and it was not as portrayed

 

[jfh28]

you really are only in the information stage at this point.......gather up your deeds and records.....make copies of the air B&B listing as well as the booking calendar showing how often it is rented out and then go and sit down with the best real estate attorney in the area........someone who knows all the rules and regulations in the area as well as the zoning laws for your property......spend the extra to get the best......take an hour of their time and let them tell you what your rights are....and more importantly what rights you don't have........do not contact the owner or any government agency local state or otherwise until you know this information.......don't stir up a hornets nest until you know where your strengths are and where your weaknesses are........Jack

 

[Industrial Toys]

Nothing in your constitution says the Government has the authority and mandate to take money from people that have it and give it to those that don't, never mind other countries. Not sure how the Canadian system is set up.

 

[4570Man]

Nothing in your constitution says the Government has the authority and mandate to take money from people that have it and give it to those that don't, never mind other countries. Not sure how the Canadian system is set up.

Not to mention we never signed an agreement to pay that. The opinions are pay it, go to jail, or don’t get caught. I’m not sure how the 3rd option makes anyone a dishonest person. Lawbreaker-yes, but not dishonest.

 

[ultrarunner]

Any chance you could buy the property?

Know someone that did just that... it was a bit of a struggle but then they had complete control... later one of their kids moved into the home so it really worked out.

I have utility and sewer 5' easements in several places... just the way it is.

Always found negotiating from knowledge to be a good first start...

Some communities have outright banned ALL short term rentals... seems to be sticking like South Lake Tahoe... simply said those with current business licenses will Sunset and no new ones... the existing law was quite strict in that 3 bonafide complaints and license permanently revoked.

Our cabin next door neighbor is licensed for short term... he lives in a studio in back... great guy... keeps an eye on our place and uses our parking with our blessing... keeps it plowed all winter... just tell him we are coming and no snow to shovel!!!

 

[ultrarunner]

What about documenting a billing for damage?

 

[newbury]

Exactly. If a small business owner paid every tax in the book he壇 have no choice but to close down and go join the vote for a living camp.

This thread was OK but your blasted bickering should get it moved to FP.

 

[4570Man]

This thread was OK but your blasted bickering should get it moved to FP.

Sorry I’ll drop it. We can continue down the typically very long multi year debate.

 

[TractorGuy]

You need to look at the easement wording on both deeds. Then talking to the owner would be the best first step.

I had a lady bought the property beside our roadway easement a few years back that thought she owned the road and we were just granted use. Turned out when I did the research on it I found the person that owns it was the original developer. Not only did she NOT own it but her property didn't even have easement to use it. The previous owners had even made that road their address instead of the frontage road the property also bordered. She went from giving me crap about driving too close to her fence to being very cooperative when the facts were all known.

 

[dmccarty]

I remember this. I always wondered what the other side of the story was? He portrayed himself as the victim, and every lawyer involved was incompetent. That really sent up some red flags for me, which makes me question his version of events. That was way too much money to have to pay to not to have done something wrong.

Yep, I always wondered about the other side in that saga. There was one post where MDBarb admitted that he lost it at one point and yelled at the other land owner. This was captured on video and had to count against him. That does not mean he was the wrong either in the easement issue, or even loosing his temper, but it sure did not help him.

But at least nobody was killed with a shotgun or by pallet forks like has happened recently in Ireland.

Later,
Dan

 

[4570Man]

Yep, I always wondered about the other side in that saga. There was one post where MDBarb admitted that he lost it at one point and yelled at the other land owner. This was captured on video and had to count against him. That does not mean he was the wrong either in the easement issue, or even loosing his temper, but it sure did not help him.

But at least nobody was killed with a shotgun or by pallet forks like has happened recently in Ireland.

Later,
Dan

I only read about half of that. I saw that the op was ordered to pay 422,000 dollars but I didn’t see what happened after that.

 

[ch1ch2]

I only read about half of that. I saw that the op was ordered to pay 422,000 dollars but I didn’t see what happened after that.

Feel sorry for the guy.
I have to believe it may have something to do with his location.
It was a while back maybe the judge is now sitting on the 9th circuit.

 

[747driver]

Oh boy...another easement dispute ! Best advice has already been given.....get all your property documents as in deeds,property survey laying out the easement lines etc. Then go get a real estate lawyer and let him explain your options. You can also check with the county or city ordinances about having a B&B.

Don't let your emotions dictate in doing something quick and foolish. Some of the TBNers here will remember me from a thread I had earlier in the year involving our neighbor over property lines !! We elected to not pursue any litigation on some of the advice given here....( lawyers always win in the money part of it ). We have had talks with the neighbor on numerous occasions ....which led to us putting up 1200 ft of wire fencing ! Fences make good neighbors.... Good Luck !!

 

[4570Man]

Feel sorry for the guy.
I have to believe it may have something to do with his location.
It was a while back maybe the judge is now sitting on the 9th circuit.

I went back and read some more. I still haven’t read the whole thing but I’ve read nearly all of the OPs post in that thread. The end result. $422,000 settlement, $90,000 interest, and over $100,000 legal fees. He did get to keep the property. I’d love to read the court documents from that ordeal. I can’t help but think if the OP hadn’t have stirred the pot with the easement deal and dealt with the RV in a swift manner that ordeal would have never happen.

 

[kc5dlo]

The only thing I can add is maybe when the people ask directions, scratch your head, rub your chin, look real puzzled, etc. Then give them really confusing directions or maybe just claim your not sure. Oh and make sure to remind them to lock their car and hide any valuables because of all the crime in the area. That would make for a nice peaceful night of rest for them.

 

[4570Man]

The only thing I can add is maybe when the people ask directions, scratch your head, rub your chin, look real puzzled, etc. Then give them really confusing directions or maybe just claim your not sure. Oh and make sure to remind them to lock their car and hide any valuables because of all the crime in the area. That would make for a nice peaceful night of rest for them.

That’s not the first suggestion for vindictive measures. Why would your first reaction be such when you haven’t tried nicer methods. And neighborly conflicts can turn nasty. Wouldn’t just putting a sign at the end of the driveway even on your own dime solve a lot of problems? There’s plenty of story’s with neighborly problem totaling tens and in some cases hundreds of thousands in damages. A hundred dollar or less sign seems cheap.

 

[txdon]

How is the easement wording EXACTLY in your deed?

Does it specifically mention your driveway and how does it identify it, by survey? Or does it say anywhere at anytime? Or does it say any easement on previous deeds will be honored?

I just went to a lawyer with a easement problem on my mothers land - need very specific details.

It turned out that the land owner who said there was not a easement on his land did not do good research. I hired the lawyer that did his deed and it turned out my mom has easement anywhere and anytime on his place. The lawyer advised to increase the value on both our lands to get the easement DEFINED.

 

[Larry Caldwell]

First off, talk to the landowner, in person and on site if possible. Keep it neighborly, its the right thing to do. The last thing you want to do is ruin a possibly good relationship with the landowner by having the first glimpse of this issue come to their attention in a letter signed by a lawyer. I've been thru this, a good relationship with a long term family friend has soured to a certin degree. Talk to them!

Look up the details of the easement, know what is and is not permitted. The new owner may have no clue its not a 'public' road, and that restrictions may exist. No harm in doing this research first. You may end up surprised yourself.

Keep it civil as long as possible. When it goes sour, Friday afternoon when the traffic starts might be a good time to start that new 4' culvert ditch, oops, outta fuel, cant finish it this weekend, sorry your car is stuck on the wrong side come Monday morning![/QUOTE]

Probably not good advice. One universal thing about an easement is that you can't obstruct it.

 

[Larry Caldwell]

The easement should be on the title search your title insurance company did when you bought the property. If it's not, either the road is not on your property or you have a claim against the title insurance.