Help! I need legal advice re: easements

[TimP]

mdbarb,

So... nothing else to report in so many months?

What happened with that last lawsuit ?

How are you doing now?

Tim

 

[silverdollar6]

All I know for sure is that if this happened to me I would be in jail or dead, but those neighbors would never see a penny, or anything else.

 

[MossRoad]

All I know for sure is that if this happened to me I would be in jail or dead, but those neighbors would never see a penny, or anything else.

Easy to say until you start thinking about what would happen to a spouse, children or other loved ones while you were in jail or dead.

 

[pappy19]

One thing that I would recommend if you are a landowner with a road that is on your deeded property that others are using without a recorded easement or are using it in an adverse situation. Hire a registered local surveyor to make a legal bearing and distance survey for the length with a width of at least 20', and have an attorney draft up a permanent exclusive road easement to yourself, then record it at the county recorder's office. You will then have an official road easement, that is exclusive to and for you and no one else. If you choose to allow anyone else to use your exclusive road, you can grant them a licence to use it with whatever stipulations you desire and for whatever length of time you desire. Do not grant them an easement, just a licence to use your road. That way, if they do not comply with your stipulations, including their fair share of the road maintenance, then you can revoke their road license until they are in compliance. That's the way I would handle it.

 

[BruceR]

That's good advice Pappy, but I think in most states that you may have a problem granting an easement to yourself if you already own the property.

We have a 20' easement into our property which the owner of the servient estate ( the property the easement crosses ) was
fencing off so we could not access our drive. I sent a certified letter telling them any fencing within our right-of-way was subject to removal. They had their lawyer send us a letter stating that they were installing locked gates but would give us a key.
I then wrote the lawyer telling him to read the Easement and note that it was not a Controlled Access License and that any barriers to free travel would be removed. Fencing stopped and no more was heard from the lawyer.

Bruce

 

[mdbarb]

mdbarb,

So... nothing else to report in so many months?

What happened with that last lawsuit ?

How are you doing now?

Tim

Hello All!
It's been a few lifetimes ago since I was last here.
It would dredge up bad memories y'know.
The neighbors have indeed had me in court or at least paying lawyers a few more times. About 3 years ago they brought me back into court saying I was in contempt of court because I defied a court order not to open a flapgate that allows water unto my property. They had no proof of course. They just felt it was me. Well my other neighbor came to court, said he did and ****** he'll do it again! Case closed, except during the hearing the bad neighbor said once he drove by and I r"rolled up my sleeve and shook my fist at him" not true of course - even when his friends have driven the road shaking a baseball bat at me. I haven't threaten or even experienced violence since perhaps that playground incident in first grade! Anyway as my court luck continues the judge saw fit - based solely on that one sentence- to put a 50 foot restraining order on me! Now if I am on my property minding my own business and he drives by I have to retreat!
And this weeks latest: His tenant that lives in one of the cottages came over and told my wife that I came to her cottage and vandalized stuff in their yard and that the sheriff has video of me and is reviewing it! Of course there is no video of me cuz I have never been over there but I called the sheriff. He confirmed there is no such thing and told me in so many words that he thinks she has beginning Alzheimer and would "keep an eye on her"
So now I have a spacey tenant and landlord next door. Must be something in the well water...

 

[MarkV]

mdbarb, glad you stopped by to say Hi. How is the B21 doing? Hate to see you are still having problems. I believe you should start drinking bottled water, there is for sure something wrong going on in the well next door.

MarkV

 

[Kyle_in_Tex]

I recommend you get yourself a helmet cam and videotape your dealings 24 hours a day. Just don't look down while your doing #1 and take the mirrors out of the bathrooms and bedrooms...

Seriously, I would put up some type of motion activated video equipment to "log" everything everytime they pass.

Maybe you should go join their church and sit on the same row...I'd give an Indian nickel to see the look on their faces.

 

[riptides]

Evrytime I hear the word easement, I think and feel for you.

You should write a book - what could go wrong - will - if it is an easement issue.

I hope you will do well and keep your wits about you in these latest episodes....

 

[MossRoad]

Keep taking the high road. The view is better.