Help! I need legal advice re: easements

[BillG_in_TX]

Re: LandGuard

mdbarb,

Have you, or anyone else, ever heard of or used <A target="_blank" HREF=http://www.landguard.org>LandGuard</A>? I received a mailing from them, and they claim to be a pre-paid legal outfit specializing in property rights for ranchers, farmers and homeowners. Their fee is $12/month and includes phone consultation, document review and response and discounts on other legal issues.

 

[Anonymous Poster]

Re: LandGuard

Skip it. It's a referall type insurance program. The only free help you get is the same kind obtainable over the internet, library, etc. Anything substantial and the refer you to a "network attorney" who, surprise, charges by the hour.

 

[TimSullivan]

How are you doing with your neighbor and the right away?

 

[mdbarb]

No dramatic new news. I have filed the required answer to his initial complaint and also filed a cross complaint for nuisance and tresspass of whihc he has 30 days to deny. Also re: our mediation - everyone has agreed on the person to mediate but no date has been set. A couple letters back and forth from the lawyers. One from his lawyer stating that my not allowing him to honk every time he drives by is somehow terribily wrong and that I should remove the speed bumps and install a mirror and the barn corner. Just a bunch of childish huffing and puffing.
A few thousand dollars later and his RV is still on my property.

They were out of town for two weeks and it took all of my self control to not take matters into my own hands - but my lawyer advised stongly against many of the actions that came to mind and some that were expressed here at TBN

 

[DocHeb]

<font color=blue>it took all of my self control to not take matters into my own hands - but my lawyer advised stongly against many of the actions that came to mind </font color=blue>

Yes, in the end the only people that will be happy will be the lawyers.

 

[mdbarb]

Well new news!
I get a caal today from my wife: Our dear neighbor is cutting down our trees!!! I get there pronto and he has a tree service there. They have cut down one tree, intending to cut down all trees in the 20' wide easement! (even though none of them are on the traveled way, but up a 2 foot bank! We stop them and call the sheriff and our lawyer (who just happened to be driving a coupla miles away) So everyone got him to stop for the moment, we are getting an injunction to offically make him stop. The lawyer tells me if we truly find he had no right to cut we could get triple damages. It is taking all my self restraint to not retaliate. We can schedule our mediation until September! He is still tresspassing with the trailer, speeding thru the property and now cutting down trees!
More should be happening in the next few days...

 

[JohnMiller3]

<font color=blue>...They have cut down one tree, intending to cut down all trees in the 20' wide easement! ...</font color=blue>

I'm sure you took lots of pictures... /w3tcompact/icons/blush.gif

Make sure you get a state Forester out there to measure up the tree and damages to your property caused by all the equipment on site and get real $$$ estimates... etc. etc. etc.

A "hardwood" tree can be worth a simple $5-8K or more... plus the other "damages".... times 3...

Ask your attorney about a simultaneous lawsuit on these damages and offer your attorney "all monies collected" garnered from this separate suit in lieu of fees... (this magic money somehow makes people work tirelessly for some odd reason and will certainly cause havoc in one's life trying to defend themselves with legal paperwork coming in every other direction...) /w3tcompact/icons/smile.gif

(This could end up being the "legal wedge" you need to stop your neighbor and make him think about continuing the entire process... he who still has money left in their pockets after the legal process is supposed to win... /w3tcompact/icons/eyes.gif)

 

[Gary_in_Indiana]

What in the world was his rationale for that? Seriously, did he have any reason to cut them down? Was he alleging the trees were somehow a problem? I've tried to follow this thread but this post has me confused. /w3tcompact/icons/crazy.gif

 

[mdbarb]

Believe me, you are not the only one confused. I thought everything was on hold until our mediation. He called the fire dept and asked how wide a clearance they need. The fire marshall - without seeing the site - stated the general guidelines of 16'wide. So my neighbor took it upon himself to begin clearing a swath thru my land because "the fire marshall requires it" I'm sure it was just for spite.
So today I get another call from my wife:
The neighbor called the fire truck down to the site to check clearances. Lo and behold, the fire truck has no problem along the entire road or even in turning around at his house!
All the time my wife was following the fire truck along the road, the neighbor was inches from her face saying things like this is our 20', we can do anything we want, we can cut all these trees off the bank if we want. Needless to say this was upsetting to my wife, although I have no doubts whatsoever about her handling loudmouths.
So now the emergency vehicle access strategy is history. I wonder what new tactict he is cooking up now.
We have now included the tree incident in our cross-complaint seeking triple damages.
It's such a shame - as we are supposedly going to mediation and he pulls stunts like this. How open does he think I will be now to any type of compromise?

 

[riptides]

Man....

all I can say is.....

Unreal.

You should get him on tape "saying the easement is mine"
Send that to his lawyer.....

I wish you the best, I know how the easement things are, my area of the planet got the not so good treatment by a developer who plotted and recorded, but never submitted, then proceeded to re-plot and what not. Shall we say...... a mess.

Good luck!
-Mike Z.