Help! I need legal advice re: easements

Maker102 · Jul 22, 2002

Well everyone has an opinion so I figured I would add mine. Get a gun and keep it handy. I remember in the news a few months ago about a guy harrassing the neighbors. They took movies of him doing this, well to make a long story short (and as best I remember it) a cop went over to this crazy neighbors house for one reason or another, anyway the guy goes and kills the cop then drives the cop car over to the peoples house and kills them. Be real careful this boy is not wrapped real tight and his elevator does not go all the way up. It sure sounds like you have one of these on your hands.

MDNY · Jul 24, 2002

mdbarb,

It does sound like he is running low on places to cause pain. I agree with the others that his continued attempts here is becoming a real harrasment issue. You should be able to get a cease and decist order or a restraining order until this matter is cleared up.

What he doesn't realize is that those who sit in judgement may be really ticked off about his behavior and may just find a summar judgement for you. On the other hand he may be a real nut and will continue regardless. Any thoughts on buyin his mortgage out and forcing a foreclosure of his loan. Make him move, buldoze the house and have a larger parcel.

Only if we were rich.

tugokc · Jul 25, 2002

MDNY has a point. No matter how this is resolved (if it is) this guy will bug you for as long as you own the property. The wife and I (shes a lawyer thank goodness) went through this, and a slightly different easement problem about a Conoco pipeline. This guy sounds like he will never let this go even if you win.

wroughtn_harv · Jul 25, 2002

<font color=blue>This guy sounds like he will never let this go even if you win.</font color=blue>

There should be some satisfaction in knowing that this is harder on him than it is on you. He's the one escalating the conflict. So therefore he's the one thinking about it all the time. He's the one it's getting to.

mdbarb · Jul 25, 2002

Yes, I have been especially careful to keep a proper perspective about this and not let it consume my life.
Judging from his behavior, I would guess this is the focus of his life.

rozett · Aug 16, 2002

It's been a few weeks now and I am anxiously waiting for an update. Any more funky actions by your neighbor? Are the lawyers earning any money?

MDNY · Aug 17, 2002

Has the neighbor been committed to an asylum or arrested for public stupidity? MDbarb how are things goings out there. Just want to make sure a fellow TBN'er is still ok.

mdbarb · Aug 19, 2002

Yeah all is quiet. We have mediation coming up in September and just lots of paperwork now. We were supposed to meet in court last week but the judge couldn't make it. It was to discuss the TRO limiting their speed and stop cutting trees. We are in the "discovery phase" and I have to fill out about 40 pages of questions (including the names and addresses of all the schools I attended!?! I grew up in the military so this one could take awhile)

mdbarb · Sep 3, 2002

The latest installment in this debacle:
We had a mediation meeting scheduled for today. It was scheduled several months ago by their attorney. Last week their attorney asked to postpone it. I have waited long enough and said no way. Their attorney CANCELS the mediation. So they did not show up for the temporary restraing order hearing - it was postponed till the next day - they didn't show up for that one either, now they dont show up for mediation.
We have a hearing on the 13 to tell the judge of our progress - I look forward to seeing him squirm on this one.
(The reason he canceled the mediation was to GO CAMPING!)
and we still havn't made any progress towards addressing the central issue of the easement.....

One of the questions put forth by their attorney that I am supposed to admit or deny is (paraphrasing)..."did I allow my tractor to idle unattended and run out of gas?"
What an idiotic waste of time and money. It would be funny if it wasn't so expensive.

JohnMiller3 · Sep 3, 2002

<font color=blue>...did I allow my tractor to idle unattended and run out of gas...</font color=blue>

At least you can honestly answer that emphatically "NO!"... as you see your honor... my diesel engine will never run out of gas... /w3tcompact/icons/wink.gif