Help! I need legal advice re: easements
- Thread starter mdbarb
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JimR
Elite Member
</font><font color="blue" class="small">( mdbarb-
I feel for you. We are going through the same ----**** here. Only we are moving. Our neighbour has been in and out of court since he was 14...now 47. He has harassed the neighbourhood for years...threatening to kill my wife's horse, neighbours dog etc. Pushed down and kicked a crippled 76 year old man...got off with suspended sentence - no jail time. In fact with all the offences over the years he got a 6 month sentence - got out after one month on 'good' behavour - go figure. So the lawyer wins...we move on.</font><font color="blue" class="small">(
A few months back I read an article about a guy like that in a local neighborhood. They found him dead and figured that the neighbors did it. There was no big hurry to try and find out what happened to him either. I never did see any other news about it since. Fight till the end and win, no matter what.
I feel for you. We are going through the same ----**** here. Only we are moving. Our neighbour has been in and out of court since he was 14...now 47. He has harassed the neighbourhood for years...threatening to kill my wife's horse, neighbours dog etc. Pushed down and kicked a crippled 76 year old man...got off with suspended sentence - no jail time. In fact with all the offences over the years he got a 6 month sentence - got out after one month on 'good' behavour - go figure. So the lawyer wins...we move on.</font><font color="blue" class="small">(
A few months back I read an article about a guy like that in a local neighborhood. They found him dead and figured that the neighbors did it. There was no big hurry to try and find out what happened to him either. I never did see any other news about it since. Fight till the end and win, no matter what.
JimR
Elite Member
</font><font color="blueclass=small">( There are really two issues here.<br>1. His easement description was poorly written. It says "an easement 20 feet in width for ingress and egress upon the existing road.......to be surveyed later" The existing road has never been wider than about ten feet. To make it wider would involve cutting into a slope. I contend that he does not have an easement for twenty feet but only an easement speciffically "on the existing road" whever it meanders within this twenty foot width that he was supposed to have surveyed when he boought it 14 years ago. The easement was for "ingress and egress" so he should have no rights over the uphill area that is not driveable. The cases I have found tend to rule in favor of the situation that causes the least inconvienence to the subserviant tenant (me) as long as it accomplishes what the easement is for (ingress and egress).<br><br>2. The other issue involving adverse possession and prescriptive easements revolves around this situation:<br>When the above mentioned roadway gets to his property, one can continue unto his property to his garage or turn left and continue on my property parrallel to the property line. Well he has continued parrallell to the line and parks an RV on my property. When I bought the property 7 yrs ago, I pointed out that he was on my property. He was surprised, thought it was his. I (naively) said thats ok, we'll work something out - buy or rent or something. This went on for years with no urgency by either of us with him still parking there with my permission.<br>Then a few months ago he had it surveyed, clearly showing his RV well over the property line and I get a letter from his lawyer saying the are attempting to claim right to the area (not just the parking, but also the adjacent area) by adverse possion or prescriptive rights. <br>I immediately put up a fence along the surveyed property line.<br>So far he has been to court three times. Twice in trying to get a temporary restrainning order to keep me off of my own property. Both times they were denied. Yesterday he tried to get an injunction against me for activities on my own property i.e. building fences, storing building materials, parking cars etc on my own property(!) not even on the roadway easement. This was also denied by the court. <br>So now I have spent thousands of dollars defending my property and his RV still sits parked on my property.<br>Thus I am researching any other similar cases for the future battles but have not been to effecient in my internet searches.<br><br>Sorry to be so long winded but beleve me I could have gone on alot longer about this.<br>Any help from the TBN team is appreciated. )</font>
Here is what I would do to fix this creep.
Post ALL of your property. Send him a registered letter to remove the RV in 3 days or you will either remove it or take possesion of it as it has been diposed of on your property. After 3 days put a "For Sale" sign on it. Seek from the courts all legal fees associated with this case to be paid for by your creep neighbor. Accidently drop a box of rusted roofing nails on the driveway leading out back. Notify your neighbor of this and that you have done your best to clean them up as much as possible. His tire woes will keep him busy for months to come. He'll be too busy to be able to make it to court. He'll be fixing tires for many many months. Maybe that will teach him a lesson in being a friendly neighbor. Better yet, don't even dump the nails, But tell him you did. He'll spend hours out ther elooking for them. I would not even consider moving if I lived there. I would however make his life so miserable that he would sell his property. Can you shoot in your back yard? Open up a shooting range. Use your equipment whenever it is quiet out. Early mornings will really crank him up. Find out what his weaknesses are and use them to your advantage. This guy needs a lesson taught to him that he will remember. It seems to me that he has planned this takover of property from you quite a long time ago.
Here is what I would do to fix this creep.
Post ALL of your property. Send him a registered letter to remove the RV in 3 days or you will either remove it or take possesion of it as it has been diposed of on your property. After 3 days put a "For Sale" sign on it. Seek from the courts all legal fees associated with this case to be paid for by your creep neighbor. Accidently drop a box of rusted roofing nails on the driveway leading out back. Notify your neighbor of this and that you have done your best to clean them up as much as possible. His tire woes will keep him busy for months to come. He'll be too busy to be able to make it to court. He'll be fixing tires for many many months. Maybe that will teach him a lesson in being a friendly neighbor. Better yet, don't even dump the nails, But tell him you did. He'll spend hours out ther elooking for them. I would not even consider moving if I lived there. I would however make his life so miserable that he would sell his property. Can you shoot in your back yard? Open up a shooting range. Use your equipment whenever it is quiet out. Early mornings will really crank him up. Find out what his weaknesses are and use them to your advantage. This guy needs a lesson taught to him that he will remember. It seems to me that he has planned this takover of property from you quite a long time ago.
polecat
Platinum Member
Dear mdbarb...
I started reading this string at around 11am and its now about 6:30 pm...In between a few chores round the house today i've read this whole string and i never thought that it would turn out this way ...My sincerest condolances!!!
Right now i'm hurting financially as was laid off 2 mos. ago and my unemployment barely makes the bills..First time ever on unemployment at age 37..but its keepin my head barely above water..one and a half mos.behind on my mortgage right now but..i'll tell you this !!!! Appeal even though you'll probably need to post a bond but even in my situation right now i'll send you $100 towards your plight ...Mark my words ..if i can afford it so can hundreds of your friends here at TBN!!! I'm not trying to be the big guy or anything but the people here on TBN have helped me keep my sanity since my layoff and i'd be the first to helpout as best as i can....I know you would never ask but i want u to know that the old man upstairs is still behind you!!! I'm calling my dad tonite as he's one of the prayer circle of maine overseers and by tomorrow there will be thousands prayin for u !!!
Let me know where to send the $$ and hope all u other guys will follow suit ......He's a brother in need!!! and we need to help!!
All my best and GOD Bless You and Yours
Your TBN friend
TODD HALL
p.s. keeep us posted!!! /forums/images/graemlins/wink.gifand u take care
I started reading this string at around 11am and its now about 6:30 pm...In between a few chores round the house today i've read this whole string and i never thought that it would turn out this way ...My sincerest condolances!!!
Right now i'm hurting financially as was laid off 2 mos. ago and my unemployment barely makes the bills..First time ever on unemployment at age 37..but its keepin my head barely above water..one and a half mos.behind on my mortgage right now but..i'll tell you this !!!! Appeal even though you'll probably need to post a bond but even in my situation right now i'll send you $100 towards your plight ...Mark my words ..if i can afford it so can hundreds of your friends here at TBN!!! I'm not trying to be the big guy or anything but the people here on TBN have helped me keep my sanity since my layoff and i'd be the first to helpout as best as i can....I know you would never ask but i want u to know that the old man upstairs is still behind you!!! I'm calling my dad tonite as he's one of the prayer circle of maine overseers and by tomorrow there will be thousands prayin for u !!!
Let me know where to send the $$ and hope all u other guys will follow suit ......He's a brother in need!!! and we need to help!!
All my best and GOD Bless You and Yours
Your TBN friend
TODD HALL
p.s. keeep us posted!!! /forums/images/graemlins/wink.gifand u take care
JayC
Veteran Member
I didn't read this whole thread, but I did read the more recent posts. I got so "into" the thread I started to get dizzy from looking at the screen. I'm still a little dizzy. What the court decided is shear lunacy! I sincerely wish you the best of luck on the 18th. Remember, you have many TBNers rooting for you! Keep us posted on what the court rules. Good luck and God speed!
Well just got back from court. This was basically both sides had a disagreement with the judgement - They were still arguing the width of the easement and we were arguing that the monetary award was excessive, that they mistakenly awarded punitive damages.
In a nutshell, the judge denied all of it.
It seems she was reluctant to mess with a jury's verdict.
So I owe $422,000, for what I still havn't figured out.
We still have an appeal and attempts to get the insurance to pay it, which are about the only alternatives before selling the property...
In a nutshell, the judge denied all of it.
It seems she was reluctant to mess with a jury's verdict.
So I owe $422,000, for what I still havn't figured out.
We still have an appeal and attempts to get the insurance to pay it, which are about the only alternatives before selling the property...
hazmat
Elite Member
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Wow. /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif /forums/images/graemlins/mad.gif I can't believe it. Wishing you & your family the best possible outcome.
