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

[4570Man]

I really think you’re in the wrong to attempt to ruin this guys side business without first trying to reach a neighborly solution. Just think if you succeed and he sells the place. The possibility for way worse neighbors then exist. When you read these long threads that ended up with years of court and thousands of dollars wasted almost always started with an ahole at both sides.

 

[Streetcar]

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.

I thought on another easement thread a tbn member looked up that case and it was not as portrayed

 

[jfh28]

you really are only in the information stage at this point.......gather up your deeds and records.....make copies of the air B&B listing as well as the booking calendar showing how often it is rented out and then go and sit down with the best real estate attorney in the area........someone who knows all the rules and regulations in the area as well as the zoning laws for your property......spend the extra to get the best......take an hour of their time and let them tell you what your rights are....and more importantly what rights you don't have........do not contact the owner or any government agency local state or otherwise until you know this information.......don't stir up a hornets nest until you know where your strengths are and where your weaknesses are........Jack

 

[Industrial Toys]

Nothing in your constitution says the Government has the authority and mandate to take money from people that have it and give it to those that don't, never mind other countries. Not sure how the Canadian system is set up.

 

[4570Man]

Nothing in your constitution says the Government has the authority and mandate to take money from people that have it and give it to those that don't, never mind other countries. Not sure how the Canadian system is set up.

Not to mention we never signed an agreement to pay that. The opinions are pay it, go to jail, or don’t get caught. I’m not sure how the 3rd option makes anyone a dishonest person. Lawbreaker-yes, but not dishonest.

 

[ultrarunner]

Any chance you could buy the property?

Know someone that did just that... it was a bit of a struggle but then they had complete control... later one of their kids moved into the home so it really worked out.

I have utility and sewer 5' easements in several places... just the way it is.

Always found negotiating from knowledge to be a good first start...

Some communities have outright banned ALL short term rentals... seems to be sticking like South Lake Tahoe... simply said those with current business licenses will Sunset and no new ones... the existing law was quite strict in that 3 bonafide complaints and license permanently revoked.

Our cabin next door neighbor is licensed for short term... he lives in a studio in back... great guy... keeps an eye on our place and uses our parking with our blessing... keeps it plowed all winter... just tell him we are coming and no snow to shovel!!!

 

[ultrarunner]

What about documenting a billing for damage?

 

[newbury]

Exactly. If a small business owner paid every tax in the book he壇 have no choice but to close down and go join the vote for a living camp.

This thread was OK but your blasted bickering should get it moved to FP.

 

[4570Man]

This thread was OK but your blasted bickering should get it moved to FP.

Sorry I’ll drop it. We can continue down the typically very long multi year debate.

 

[TractorGuy]

You need to look at the easement wording on both deeds. Then talking to the owner would be the best first step.

I had a lady bought the property beside our roadway easement a few years back that thought she owned the road and we were just granted use. Turned out when I did the research on it I found the person that owns it was the original developer. Not only did she NOT own it but her property didn't even have easement to use it. The previous owners had even made that road their address instead of the frontage road the property also bordered. She went from giving me crap about driving too close to her fence to being very cooperative when the facts were all known.