Help! I need legal advice re: easements

[Gary_in_Indiana]

<font color=blue>"this is our 20', we can do anything we want, we can cut all these trees off the bank if we want"</font color=blue>

I guess I was always under the impression that easements were granted for a specific purpose and didn't transfer any and all rights to the property.

For example, an easement for access allows the grantee to use the easement for that purpose. He cannot build a structure on it. I doubt he could even plant a crop on it. I'm not even sure there is an absolute requirement for maintenance of it. I'm sure those things vary jurisdictionally and based on the documents involved.

I foresee a similar problem for myself in the future. I bought a piece of land that was part of a larger parcel. The part I bought included the only existing drive to the house. I didn't buy the house. My property line gerrymanders around it.

I had no problem with the couple who were living there using "MY" driveway even though they still owned property on which they could build their own drivway to the road. Now, however, the house has been abandoned about 18 months and is condemned. If it's sold I have no intention of providing free access on "MY" property to that old house. My feeling is they can either put in their own drive on land they own next to my drive or pay me to use mine and maintain it. I'd hate to think that just because there is a driveway there anyone who buys property for which using it would be convenient would be allowed access so they don't have to put in their own drive. If that was going to be the case I could have bought 25' less frontage and just used it anyhow. /w3tcompact/icons/smile.gif

I don't want to be difficult for the sake of being difficult, but I did pay for this drive for a reason. It goes to my barn, too. I did NOT buy it to provide free access to anyone who buys or rents the other property. Anyone have any thoughts on how this might go based on experience you might have had?

 

[riptides]

Gary,

Is the house condemed? If so that might give you what you need to vacate the easement. When the property gets sold then perhaps a new easement can be granted for access. That being on terms more favorable to you as the land owner.

-Not a lawyer, but i did get some sleep last night... /w3tcompact/icons/wink.gif
-Mike Z.

 

[JohnMiller3]

Gary...

I don't quite understand... do you have an easement or your neighbor...?

If you get a chance, post of picture of the driveway and property lines... on who owns what...

If there is no "official easement on record" and if nobody is living there... can you put up a "fence" along your property line going across their driveway to block access off...

Why is the building condemned? Is the property also condemned? Where did the original people go? Is the property also up for tax foreclosure? (Then you could bid on it and possibly solve all the problems)

 

[Wingnut]

I've always been under the impression that easements are sought and granted to provide access to property that has NO OTHER ready access.
Therefore, there is no reason not to abandon the easement IMVHO.

 

[TimSullivan]

Sorry to hear that your neighbor has gone off the deep end. Some people are just so stupid that they believe that everyone else is always wrong and they are always right. Then again he does not care what is right but only knows what he wants and will keep this up until you give in. At least that is his motivation. Your neighbor has gone way beyond common sense and there probably is very little you can do to change that.

His lawyer may have tried to explain the legal facts but I bet that your neighbor never told his lawyer that he was going to cut down the trees. If I was the attorney for the neighbor and he pulled this stunt, he would be looking for his third legal representative.

In his ranting to your wife did he actually say why he thought he could cut down your trees. The fire departments need for clearance is just an excuse to harass you. Hind site is always twenty- twenty but there are two questions I would have asked him. “Why do you think that you can cut down those trees and who told you that.” If he said his lawyer, then your lawyer would need to sit down and have a talk with the neighbor’s lawyer. It is always nice to cause a little unrest in the opposition camp.

On the same note, what do you know about this guy and what can your attorney find out? It is always good to know as much about you tormentor as possible. You have been far more patient then I would have. You are doing everything right but it is so frustrating to try a deal with this type of person. He will go from one thing to another trying to get his way like a spoiled little child.

The fire marshal must really like this guy for putting him in this position. No wonder the truck came out and found that everything was OK. You neighbor really knows how to make friends.

I wish that I could do more than just words to help you.

I just deleted three paragraphs after my attorney son read them. He just happened to be here for dinner and a quiet evening. His comment was “ I see that you still believe that the best way to put out a fire is with gasoline”. He has the patience that I have always lacked in situations like this. The best I can say is that you are doing everything right and the September mediation will be successful.

Please keep us informed.

 

[Gary_in_Indiana]

The house is vacant and condemned over a year now. There is no easement of record whatsoever. The property itself is not condemned, just the house. It was condemned for numerous code violations (electical, roof, gutters, windows, plumbing, etc., etc., etc.). It did go up for tax sale and I bought the tax sale certificate but that can be redeemed through mid-September so I'm not counting getting a deed through that.

I'm trying to be somewhat low key on this deal through that date. I figure if I go putting up a gate now, it'll just raise problems that may be moot after September. If I put up a fence now and the property doesn't get redeemed, I'd own both sides of it. /w3tcompact/icons/smile.gif If the property does get redeemed, then a fence might be in order.

I don't know how to "draw" a map on here so I'll try to describe the property. Essentially, my parcel is 500' wide by 1700' deep less a 100'W x 1000'D piece in the upper RH corner. The drive runs along and inside my RH property line and across the 100' "jog" in it.

The other party owns not only that 100'x1000' piece but also about 50' of frontage running all the way back to and along side of it making it 150'Wx1000'D plus the 50'x600' running back to it. It is that strip that would allow them access for putting in their own drive if they so chose.

Again, given they are not "land locked" I can't see where I should be required to provide them access over my land just because I happen to maintain a driveway.

 

[mdbarb]

Yes, now I have the video camera fully charged and standing by the door. It comes out any time I see him. On one hand I certainly should have done this a long time ago, on the other hand this time of behavior begins to border on paranoia or something, am I sinking to my neighbors level - I refuse to let this become the all encompassing focus of my daily life as he has. I have a life.

 

[Ozarker]

This guy has clearly gone over the edge so I believe I would go one step farther with the camera. I would set it up on a tripod at a window aimed where he is most likely to do anything. Then I would have it hooked directly to a VCR taping on SLP. Two tapes and you can tape all day long by swapping the tapes in and out. That way you are unlikely to miss anything.

 

[Spencer]

post retracted

 

[dourobob]

There just is no cure for stoopid - when this is over and you win (I believe everyone on this string thinks you will win unless the law truly is an a** - what it has been called by many before) I just hope this guy doesn't move north /w3tcompact/icons/grin.gif.
Bob