Help! I need legal advice re: easements

   / Help! I need legal advice re: easements #331  
</font><font color="blue" class="small">( Unfortunately I cannot park there now as the judge decided the whole area is the roadway easement. )</font>

Will the easement pass away upon their passing away, or are you stuck with it "forever"??

and congrats /forums/images/graemlins/grin.gif

Richard
 
   / Help! I need legal advice re: easements
  • Thread Starter
#332  
No I'm afraid the easement goes with the property not the people. It's too bad cuz the easement was "for ingress and egress" but her honor extended it beyond the point of ingress parrallel to the property line abour 90 feet giving them a 90' wide access to their property and I can't park there or erect a fence along the property line. Too bad but I can't dwell on it. It's not bad at all considering what I did win.
 
   / Help! I need legal advice re: easements
  • Thread Starter
#333  
If you got a judgement against them and they continue to tresspass can't you just call the sheriff and press charges?
 
   / Help! I need legal advice re: easements #334  
In CT it isn't that simple when it is an adjoining neighbor. If it was a person that had no ownership in the adjoining property, you can have them charged with trespass. If it is a neighbor with adjoining property, you have to prove ownership boundaries each and every time. They can simply dispute the ownership issue and you have to prove it all over again. I have been down this road before and hopefully this time the Judge will get the message across to them. After this time, it will become easier in the future because the boundary markers will be re established.
There is a old logging road that the center line is the boundry and we have both signed quit claim deeds to each other. Now they claim that they never gave up their right to use my half. In my attorneys opinion, they gave up all rights when they signed the quit claim deed. This is what will be determined when we appear before the Judge. Three differant attorney's have told me that I am correct, but their attorney disagrees, so it will have to be litigated again...
When I had my land logged, they refused to allow the logger to use their half of the road, so all work was done on my land. Their attitude is "We can use your half, but you can't use ours." I don't want to use their land under any condition and I have offered to sell them an easement or license to use my half, but they rather fight than to resolve this. They have sent me an e mail wanting to buy my property, but I have told them it isn't for sale. I believe that they want my land for expansion purposes and will do whatever it takes to force me to sell to them. I don't think of them as good neighbors and they have fueds going with other neighbors...
 
   / Help! I need legal advice re: easements
  • Thread Starter
#335  
I used to naively believe when the judge came down from on high - that was it, no and if or buts.
 
   / Help! I need legal advice re: easements #336  
everything is subject to review and interpretation. In law, there is no such thing as "final"...... even the death penalty takes 10 years before it is final and even that can be stopped if you can convince another judge to hear you. The only constant that I know of in law is "cost"....... no matter what happens, the lawyers get paid......
 
   / Help! I need legal advice re: easements
  • Thread Starter
#337  
Well I've stepped back from the conversation for awhile now to mentally catch my breathe. I have many "incidents" to tell later for those interested in the minute detail but can't wait for the movie, but to cut to the chase:
Mediation and settlement ultimately failed and we go to court again on Friday to face the second phase of the trial: emotional distress etc. This one for the big bucks.
I need to somehow get in a good frame of mind and all set for a situation where I go into a room where a professional litigator uses all his expertise, in his element - not mine, to try to make me look bad in front of 12 total strangers with thousands of dollars at stake.
The truth is on my side, but you never know cuz I didn't call the jury 12 "strangers" for nothing.
You just never know.
Their attorney estimates the trial to take 7-10 days. My attorneys feel it should be about half.
I'll report back when it is all over.
Think positive thoughts /forums/images/graemlins/wink.gif
 
   / Help! I need legal advice re: easements #339  
Help me and other get this straight in our minds... he is suing you for mental stress? You have won the land issue in the first go around.... am I correct on this part??? Now you caused him the stress?? Do you have a counter claim?? Can you bring us back to speed with a short and concise update of the facts?? I am 20 year into my issue and we still are not totally resolved, so know what you are going through. Like I said, the lawyers are the only winners...
 
   / Help! I need legal advice re: easements #340  
You will have my fingers crossed for you this Friday. I thought the second trial was to be held in January. I guess the wheels of justice were a little low of air again. You will up date us to all the before and after trial events I hope. I also hope this will finally put an end to all the foolishness you have had to go through.

MarkV
 

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