Help! I need legal advice re: easements
- Thread starter mdbarb
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SageBrush
Gold Member
Good point /forums/images/graemlins/grin.gif
OK another update:
We went through her deposition (2.5 days)
A pack of verbal contortions and wierd projections ie: She sees me in my yard writing, well off the easement: so one ingredient of the my "harrasement" to her for which she should be compensated is that: "He was sitting there in those dark sunglasses/forums/images/graemlins/cool.gifwriting down license plates as we drove by" : /forums/images/graemlins/confused.gif
It was ridiculous. Also my attorney see no substance to back their claim of pain and suffering and would consider requesting tossing that part out but then we would lose insurance coverage.
Next we had mediation again. That went as bizarre as expected. Their lawyer huffed and puffed right from the start, so even the mediator decided she couldn't communicate with them well, so she ask my attorney to talk with them (He's the good cop). We presented an engineered plan of an alternate road to get them to their property near their house. They said they want it to go all the way down to where they park now - twice the length, twice the price.
That was it. Back to the drawing board. No one (except ME) wanted to examine other questions - who will own the road etc. Considering the neighbor's fragile attitude ( I guess she was alternately laying on the floor or just sitting in her chair shaking her head no no no to everything) they convince me to step back until we show a third road alternative. We agreed to look into a third alternative and everyone behave until we meet again. Well on the way back from mediation the neighbor, with me standing just a few feet away, again drives beyond the edge of the existing road, even brushing against containers we have, not only beyond the road but also beyond the 20' dimension of the easement! and accuses us of building a fence within the easement. He had his surveyor come out - he was wrong - the fence was well beyond the easement.
Last week we rushed a surveyor to draw a third alternative which gets down to the lowest area on their property by winding down through their property. Twice the length, twice the $.
We went to mediation with plans in hand last Friday. The neighbors were NOT THERE. Just their lawyer.
I was pissed. Everyone assured me, this was better cuz the lawyer knows everything and she was being hysterical anyway. Seems this was a long planned trip that they knew about but didn't want me to know they are gone for an extended time cuz I might vandalize their house or something...
Anyway now their lawyer sends this plan off to them in europe, we get rough estimate of costs and we check back in two weeks /forums/images/graemlins/mad.gif
Medical and psychiatric exams of them are scheduled.
Meanwhile the insurance people are making noises like they just want to throw a little money at this and get out, no matter who is right or wrong.
And the court date (Halloween /forums/images/graemlins/smirk.gif) is just 7 weeks away.....
We went through her deposition (2.5 days)
A pack of verbal contortions and wierd projections ie: She sees me in my yard writing, well off the easement: so one ingredient of the my "harrasement" to her for which she should be compensated is that: "He was sitting there in those dark sunglasses/forums/images/graemlins/cool.gifwriting down license plates as we drove by" : /forums/images/graemlins/confused.gif
It was ridiculous. Also my attorney see no substance to back their claim of pain and suffering and would consider requesting tossing that part out but then we would lose insurance coverage.
Next we had mediation again. That went as bizarre as expected. Their lawyer huffed and puffed right from the start, so even the mediator decided she couldn't communicate with them well, so she ask my attorney to talk with them (He's the good cop). We presented an engineered plan of an alternate road to get them to their property near their house. They said they want it to go all the way down to where they park now - twice the length, twice the price.
That was it. Back to the drawing board. No one (except ME) wanted to examine other questions - who will own the road etc. Considering the neighbor's fragile attitude ( I guess she was alternately laying on the floor or just sitting in her chair shaking her head no no no to everything) they convince me to step back until we show a third road alternative. We agreed to look into a third alternative and everyone behave until we meet again. Well on the way back from mediation the neighbor, with me standing just a few feet away, again drives beyond the edge of the existing road, even brushing against containers we have, not only beyond the road but also beyond the 20' dimension of the easement! and accuses us of building a fence within the easement. He had his surveyor come out - he was wrong - the fence was well beyond the easement.
Last week we rushed a surveyor to draw a third alternative which gets down to the lowest area on their property by winding down through their property. Twice the length, twice the $.
We went to mediation with plans in hand last Friday. The neighbors were NOT THERE. Just their lawyer.
I was pissed. Everyone assured me, this was better cuz the lawyer knows everything and she was being hysterical anyway. Seems this was a long planned trip that they knew about but didn't want me to know they are gone for an extended time cuz I might vandalize their house or something...
Anyway now their lawyer sends this plan off to them in europe, we get rough estimate of costs and we check back in two weeks /forums/images/graemlins/mad.gif
Medical and psychiatric exams of them are scheduled.
Meanwhile the insurance people are making noises like they just want to throw a little money at this and get out, no matter who is right or wrong.
And the court date (Halloween /forums/images/graemlins/smirk.gif) is just 7 weeks away.....
fenneran
Silver Member
All I can say is:
-Frank
-Frank
fivestring
Veteran Member
<font color="red">"All I can say is:
</font>
I second that, Frank.
</font>
I second that, Frank.
There comes a time when one has to get tough, to retract all offers made because the good faith was not returned, to tell lawyers and mediators and everyone else that one expects to win on the merits and will not budge an inch. There even comes a time when one has to be as irrationally stubborn as one's opponent, albeit in a civilized way. There comes a time when the mantra is, "See you in court."
I assume you have filed a counter claim for all the costs, harrassment and pain and suffering, also citing all of the illegal activities (by them) for which you might be held responsible. There comes a time when one wants to make that as massive and frightening as possible.
I assume you have filed a counter claim for all the costs, harrassment and pain and suffering, also citing all of the illegal activities (by them) for which you might be held responsible. There comes a time when one wants to make that as massive and frightening as possible.
Docsknotinn
Veteran Member
After going back and reading the first post I guess I am confused about the issues. There is the grassy knoll where he parks. I dont understand if this is adjacent to his property or a seperate trail. I think in hind sight it was a HUGE mistake to leave someone on your property for several years and complain only when their arose a residual issue. Live and learn. The part I am really befuddled about is if he has a 10' road and a 20' easement for ingress and egress what is the problem if he widens the road to 20 ' ????? He is not takeing any thing. It is still your land and still the origional 20' as described. I recently bought the adjacent 80 to my initial 80. The people in the back who have ingress and egress rights down a 20' right of way are nice people. When I placed my bid they had their boat up front on my new lot. That was written right in the offer that the sale was contigent upon the removal of their property. I think they were a bit miffed but too bad. The road is probably 10' wide. If they need or want to open it to the described width I wont like it but I wont loose any sleep over it either. I keep my property well posted and get right after every one who sets foot where they dont belong. Dave
riptides
Super Member
Here is the problem.
</font><font color="blue" class="small">( 20' in width upon the existing roadway )</font>
Existing roadway. Ingress/Egress only. The right of passage.
Not the right to expand, maintain, clear, pave, hunt, fish, bob for apples, scream, yell, trash, etc. etc. oh... park.
-Mike Z.
Isn't law fun. /forums/images/graemlins/grin.gif
</font><font color="blue" class="small">( 20' in width upon the existing roadway )</font>
Existing roadway. Ingress/Egress only. The right of passage.
Not the right to expand, maintain, clear, pave, hunt, fish, bob for apples, scream, yell, trash, etc. etc. oh... park.
-Mike Z.
Isn't law fun. /forums/images/graemlins/grin.gif
Docsknotinn
Veteran Member
I still dont see the problem with the road. The other issue is obvious no one is going to let another party take over their property. It Constantly amazes me that in my area people will buy 80 acres + - . I always offer a per acre price based on survey. Thats a Full survey with blaze lines and any water areas traversed. Once a blaze line is set their is little that can be subject to interpretation. I could see the problem if they tried to make a new easement. But it certainly seems implied that they can expand the existing road to the 20'. What if they need to take possesion of a item that is over size and needs a road wider than 10' ? The deed indicates they have rights to a 20' easement. In my instance all the roads are private on a VERY large parcel. My property is five miles inside the main gate. The main road and a side road that serves three other lots runs down the full depth of my land. The main road is very nice and wide. The side road is only 10' with the right to ingress and egress. BUT there is a 33' easement to each landowner. The property line is the middle of the road. If one of my neighbors start cutting to widen the road I fail to see what effective stance I could take. Dave
TimSullivan
Silver Member
<font color="red"> There even comes a time when one has to be as irrationally stubborn as one's opponent, albeit in a civilized way. There comes a time when the mantra is, "See you in court."
</font>
I totally agree.
</font>
I totally agree.