Is there any such thing as abusing a easement across my property?

   / Is there any such thing as abusing a easement across my property? #31  
First, easement and property line issues can get out of control real fast and cost lots of money not to mention end up with dead people. Sounds extreme but it happens. I read several Irish newspapers and in the last few months there have been several property line, easement and noise related conflicts that left several men shot with one dead and one killed by pallet forks. :shocked: I bring this up as a warning and also to show that this scat goes on in other places besides the US.

Back in 2002, a TBNer started a thread about an easement issue that dragged on for years, and in the end, the TBNer lost the court case and hundreds of thousands of dollars. Get a case of beer and start reading, https://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html.

As other's have said, check what is in your easement and county regulations. The county might regulate rentals and one would think there are taxes to be paid and/or licenses needed to run the rental. I know that my county and a neighboring county are going after property owners who are renting out there place and not having the proper permits and paying their taxes. Not sure I would want to play this Nuke Card but I would certainly want to know the regulations.

From a noise situation, call the law on them. I used to have to do this in the city with some problem renters. For the running on the grass issue, you will have to put up some sort of barrier. We have a person in our area that does this with mason string strung from short rebar pounded in the ground to keep people from driving on his grass. Heck, I saw a house on the way to work where the guy did something similar but used stacked bricks.

Back to Ireland. Because of their housing shortage in some areas, they are looking to pass, I don't think it has passed yet, a law limiting the number of days a property can be rented on a short term basis. To solve their housing shortage, they want to limit the short term rentals to force long term ones. Course the reason they have a housing shortage is because 40% or 60%, I forgot which percentage but I think it is 60%, of the cost of building housing is government regulations and permits. :shocked: They are talking about removing some of the planning board requirements which is the big reason for the housing shortage. Anyway, I mention this because we did a AirBNB in an apartment in a rural area of Ireland which does not have a housing shortage as well as a townhouse in Dublin. This was not an issue in the rural area but in Dublin one of the neighbors we had to get the keys from did NOT like us for some reason. Best I could tell is he did not like his neighbor across the street from renting out their house while they were working in another country. There certainly were not noise issues, the house rental cost too much, so I think the neighbor did not like the rental for political reasons. Heck, we had a cab driver tell us he is in favor of property tax to force old people out of their homes in the city so young people could afford/find housing. :shocked::eek::confused3:

Good Luck,
Dan
 
   / Is there any such thing as abusing a easement across my property? #32  
Back in 2002, a TBNer started a thread about an easement issue that dragged on for years, and in the end, the TBNer lost the court case and hundreds of thousands of dollars. Get a case of beer and start reading, https://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html.

I remember this. I always wondered what the other side of the story was? He portrayed himself as the victim, and every lawyer involved was incompetent. That really sent up some red flags for me, which makes me question his version of events. That was way too much money to have to pay to not to have done something wrong.
 
   / Is there any such thing as abusing a easement across my property? #33  
So how does rather or not this guy pays taxes on his house rental affect you?

It doesn't. The whole federal income tax deal is merely a window dressing to make the system appear legitimate. IF they can 'borrow' (and by that I mean simply create the money, adding to the national debt) 50% of what is spent, as they have in years past, then they can create the other 50% as well, and no taxes would have to be collected.

Unfortunately, that would expose the whole joke of the system for what it is.....a clearly naked emperor instead of one just dressed in shorts/wife beater T shirt. So the IRS is there is act as if tax collection is vital to the system, when, in fact, in the long run, it won't make a lick of difference.
 
   / Is there any such thing as abusing a easement across my property? #34  
...What I can tell you from my expiration..is that the cabin owner did not approach our and tell you their plans or try to mitigate clear problems that were eminent. This shows you what you are dealing with right away. Talk to your local town officials, see if it is legal for a BB to be there. Make sure they have all permits required and in place, then if so, speak to a local attorney. Have all your deed records, and his..in hand, as this will save you time..and money. If all is legal, approach the owner and explain what the problem is , and try to find a solution that is beneficial for both parties..( maybe move the easement to another spot ) .. if all this comes up zeros.. go rogue and make his camp undesirable to any renter. There are many ways to do this.
 
   / Is there any such thing as abusing a easement across my property? #35  
So how does rather or not this guy pays taxes on his house rental affect you?

I can not believe you would even ask that question.
 
   / Is there any such thing as abusing a easement across my property? #36  
I can not believe you would even ask that question.

So other than the fact the OP doesn’t like the cabin and if he not paying income taxes on it ( which apparently he is ) you could use that against him. Other than that I don’t see why that’s anyone else’s problem. The guy that makes a little cash money and doesn’t report it to the government. Yea, he’s definitely the one to blame for ruining the country. NOT.
 
   / Is there any such thing as abusing a easement across my property? #37  
Instead of first thing hiring attorney or getting some government agency involved why don’t you try talking to the guy. I know that if one of my neighbors approached me with a reasonable complaint I’d be willing to negotiate a peaceful solution within reason. If their first response was doing some of the above suggests you better hope you win because you can forget about any neighborly solution after that.

Best advice so far. People are so afraid to negotiate one on one anymore.
 
   / Is there any such thing as abusing a easement across my property? #38  
Absolutely see a lawyer. Not to sick the lawyer on your neighbor, but to see what your options are. You are in a much better position if the easement or law prohibits the AirBnB from being their vs if the neighbor is totally legit in what he is doing.

Then once you know the score talk w the neighbor. Do not say well I have been to my lawyer and he says...... just talk to him.
 
   / Is there any such thing as abusing a easement across my property? #39  
That was not my point about the taxes. Just a good way to make someones life and renting ideas problematic. Hey, it did in Al Capone.

Next suggestion: BED BUGS! Not as bad as the IRS.
 
   / Is there any such thing as abusing a easement across my property? #40  
The problem would appear to be people leaving the gate open, driving in your yard and coming to your house. Wouldn’t better signs, better directions on the website and better instructions regarding the gate solve the problem? Maybe if they still don’t close the gate charge them extra and put that money towards an electric gate. The neighbor obviously should pay out of his pocket but even if you paid the cost of that is way less than a legal battle. Go ask the guy in the thread that was linked here if giving away 15 feet of property or wasting several years of his life and over 500,000 thousand dollars was a better deal.
 

Tractor & Equipment Auctions

Utility Trailer (A46683)
Utility Trailer...
3000 Gallon Black Poly Water Tanks (A45336)
3000 Gallon Black...
2008 Ford F-250 4x4 Super Duty Crew Cab Pickup Truck (A46684)
2008 Ford F-250...
Euro Mount Bale Spear (A47809)
Euro Mount Bale...
Aerator (A47809)
Aerator (A47809)
New Holland 479 Haybine (A47809)
New Holland 479...
 
Top