Another neighbor problem.

[SageBrush]

Your right about being cautious. I'm ok with dealing with him unarmed. He has not given any threats of violence, if he does we will call the police. We can cause problems for him that way, but I would rather not add to the problem unless I have to. The local law inforcement knows him well /forums/images/graemlins/grin.gif

We are also seeking legal help concerning a restraining order if he continues to have his new fits. In the country (Alabama) you deal with a lot of gun, hunting and trespass problems. Almost everone has a gun while in the woods here... its very common. But in this guys case, not a good combination. He knows not to approach us while having a gun and he never has. Actually I don't think we have ever had an armed neighbor come buy. I know I was taught to not aproach a house armed... not vey smart. You don't want to give the wrong impression /forums/images/graemlins/ooo.gif

He shoots on his own land, but towards a county road and somtimes at homes. I figure my other neighbor will handle it quickly if it starts again to protect his new horses. They could shoot shotguns on there land safely, if they wanted to. At least they only shoot in dove season. We will take it one day at a time and see how he acts. I'm not in AL now, but my family (uncle, brother in law etc) said he is acting ok now... I hope it will last another 20 years.

 

[jerrym4]

This sounds just like what we went though not long ago. Many years ago, my father sold an easement on a portion of the property. This is an easement, not a sale of the land. Well the company we sold the easement to were bought out by a much bigger company that had some plans for that easement. I didn't like their plans so my lawyers went to work.

The original easement documents filed with the county did not detail the specifics of the easement. After a long fight in court the company that now has the easement has to give me a one month advance notice before they come on my property (even though it is their easement) and they are only allowed to use it five times a year. I made the easement worthless to them. I believe my property value has increased because of this now detailed easement.

Your neighbor may be planning the same for you.

 

[SageBrush]

Not in my case.

 

[PBMAX]

I don't know about on-line but my wifes sister and husband have an easement (about a 1/8 ml long atleast) to there property which is 37acres and land locked in blount county, AL. I'll ask if they know of any thing. they went thru the this loop just a few years ago... I may be a few days...

 

[SageBrush]

Thanks.

We also have an easement issue with another neighbor, and don't know exactly what we should do. They never asked for written permission to use one of our roads. Instead of building their own drive way they are coming of one of ours. They add a good bit of traffic and we have noticed the road getting rough in much less time. I'm not sure if allowing them to continue this way will allow them to claim something. Their land butts the county road, so they are not land locked, just prefer our drive. I don't live on the farm land full time, I always notice this stuff after they do it. This person is related to my problem neighbor... go figure /forums/images/graemlins/grin.gif

 

[SageBrush]

But, it is nice to hear about the "little" guy winning foe a change.

 

[Kelvin]

</font><font color="blue" class="small">( Are all egress easements bought? )</font>

No. One person can legally obtain easement access to another person's property, even against the property owner's desires, merely by routine usage of said property. That's why it is important that when someone has routine access to your property that you block that access at least one day per year, and document that blockage.

At least that's what I learned from a Real Estate course that I took back in the 1970s. For current easement and other real estate rules (beyond a lawyer's advise), it might be good to go down to a college bookstore and purchase an "up-to-date" text book applicable to Alabama that is used in the Real Estate classes.

I bring this up for a reason. I originally thought that you currently have an "Easement" while it now appears that your family actually purchased the property affected by the original easement. If your "nasty" neighbor is using the roadway that you OWN, and he uses it on a regular basis, then he can possibly make a legal claim for an easement to access YOUR property/road.

Good Luck,
Kelvin

 

[SageBrush]

Your right, we are looking into it now with a Lawyer.

We are concerned about his daily use of the road. I go this week to the tree farm, it will be interesting to see what the neighbor has been up to. Hopefully we can continue to use it together, but he will have to agree to something legally binding. He has blocked up one of my drainge ditches by pushing a driveway in.... So, the water has no where to go and the water is washing out the road slowly. I don't think he did it on purpose, just not very smart. He seems to be willing to work on the road together now, but I want to find out about the legal issues that may cause first. But, everthing is quiet again, maybe we can keep it that way. Still don't know why he blew up, he never brings it up now. I'm trying my best to be calm and let the lawyer handle it. I think its worth the money to make sure all is how we think it is. So far, so good.

 

[SageBrush]

The lawyer says we control it 100%. Our property, now we are looking into the legal issues of the neighbor using the road on a daily basis. We are having a new single deed/title and plot plan made up. We have three now, from three purchases over the years. Well, thats a load off, we still don't know if we can block him, since we have been giving him verbal permission to use it. Thats next, the lawyer is researching it. I hope that wasn't a mistake. But, him using the road is not an issue, the yelling and screaming after I mow my own grass and fill my own pot holes is. /forums/images/graemlins/grin.gif

 

[MarkV]

SageBrush,

Sounds to me that you handled things exactly right. The legal advice clarified what you own, how much control you have and what you have to do to make sure it will stay that way in the future. Best of all you have waited for the facts before confronting the neighbor. Now you can concentrate on keeping the peace while knowing you can control the situation if you have to.

Well done,
MarkV