Help! I need legal advice re: easements

[mdbarb]

"He does have a right to use the whole twenty feet in width for ingress and egress, not just the 10 foot wide worn path."

You sound definitive on this. What are you basing your opinion on?

He is responsible for maintenance.
I have examples of many almost identical cases where they are not allowed 20' or allowed to cut trees beyond the existing roadway. Especially if it is not interfering with ingress and egress

 

[Spencer]

mdbarb, I have a similar easement situation. I had to talk to my lawyer on another matter anyway so I gave him a call today to get some clearification before I shot my mouth off again. I was mostly wrong in my previous post so I have retracted that post. I am sorry if I have caused any confusion.

 

[mdbarb]

Spencer,
No problem at all.
I'm looking for the definitive answer even if it's not the one I would prefer.

 

[riptides]

mdbard,

Thanks for keeping us abreast. If you have more to share about what you have found I would be most interested. I have the same sort of situation, although the neighboors are not like yours. My problem originates with the developer and after that all sorts of interpretations.
<blockquote><font size=1>In reply to:</font><hr>

definitive answer

<hr></blockquote>

would be so simple, I hope in your case the <blockquote><font size=1>In reply to:</font><hr>

upon existing roadway

<hr></blockquote>

closes your matter.

-Mike Z.

 

[mdbarb]

Finally a little satisfaction:
We attempted to rush in a temp. restraining order on Friday but their attorney called in that he didn't have proper advance warning (technically correct by a couple hours) . The judge postponed it untill today to give him a chance to defend. He didn't show up today either so the Judge signed the TRO. So for now at least, he won't be cutting any of my trees or traveling on the easement faster than 7 MPH.
Now if I can just get his RV off my property...

 

[JohnMiller3]

<font color=blue>...He didn't show up today either ...</font color=blue>

Well, it sounds good in more ways than one...

1) You got your court order

2) I smell from here... maybe "money" problems for your neighbor... Attorney's always show up to "represent paying clients..."

Maybe you should now try the "one-two punch"... by filing that separate lawsuit on the tree/property damage caused by your zealous neighbor...

I don't want to come across as blood thirsty... but I've been through all this before... I've got my battle scars I wish I never received. Like you, I got dragged into this by a neighbor that lasted a few years… It's advantageous to end this as quickly as possible for your sanity, your family's well-being, and your pocket book...

You didn't start this problem... your neighbor did... but this will certainly help you end it... /w3tcompact/icons/smile.gif

 

[Gary_in_Indiana]

<font color=blue>"Now if I can just get his RV off my property... "</font color=blue>

I wish I was closer to you. I could tote the thing down the road to some parking lot and just leave it there. It could become know as the unsolved mystery of the stolen then abandoned RV which resulted in him NOT being able to put it back on your property. /w3tcompact/icons/wink.gif/w3tcompact/icons/smile.gif/w3tcompact/icons/grin.gif/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif/w3tcompact/icons/laugh.gif

 

[MDNY]

MDbarb,

Things appear to be looking up. I agree that the attorney may not have made the meeting due to his client not paying up. I would as the saying goes "bury them in paper" hit them with multiple individual suits, and make sure you have your attorney's fees covered as part of your settlement. This neighbor is pure crud and should be flogged in the town square. Maybe the mothership will retrieve him soon.

 

[mdbarb]

This guy never gives up!
Today I get a certified letter from the dept. of public works saying it has come to their attention (I wonder how) that I have removed paving and a parking space along the road at the front of my property by landscaping it and have 10 days to remove it.
Well I of course did not remove any paving and merely planted 5 plants in the area from my front fence to the edge of the existing road, as have almost everyone else in the neighborhood. The front road is asphalt about 16' wide in the middle of a 40' right of way so there is about 12' of area between the edge of the road and the edge of the right away.
This is a slightly rural suburban area (2 acre min. lots) and almost everyone continues their landscaping to the edge of road.
So now I will have to go down to pub. works on Monday and explain my side of the story.
My one consolation being that if this is his best shot, it appears he's running out of ammunition.
Oh yaeh - Last night he drove thru the easemnt faster than the temporary restaining order allows - so we called the sheriff who went over and emphatically discussed it with them.
Today he drove down the road at about 1 mph .

 

[TimSullivan]

I would agree that the lawyer’s no show to the TRO hearing is a good sign. Your neighbor probably was told that the order would be granted even if he contested. He may be starting to listen to his attorney. This of course does not mean that he is going to stop his behavior. The complaint to the Department of Public Works is just a free way to continue to harass you.

If others in your area have the same or similar plantings, go to the DPW with pictures in hand. I am sure you will let them know that this is just a continuation of the harassment by your neighbor. Make sure you have an appointment with the Department Head not just a clerk. You need to be talking to someone who understands the politics of your area. I really do not think that they will want to antagonize several people in your area about plantings on the towns right-of-way. It will probably turn out the same as his complaint to the fire department did. A town DPW really does not want to be used in a neighbor dispute either. Just keep good records of all the meetings and conversations. A copy of them should go to your attorney. If your neighbor keeps this up, you maybe able to show that his actions are harassment. Once that is done, a permanent restraining order might be obtainable.

I sure hope that you get a final resolution at your originally scheduled court date.