Neighbour trouble brewing.....?

[dmccarty]

WeedPharma needs to talk to a lawyer. Not to escalate the situation but to get advice.

What are the obligations and rights per the law and deed of WeedPharma AND the other landowners?

Putting up the gates across the road seems questionable to me but I do not know the law or what has been deeded. The other landowner might be legally able to put up 20 gates across the road for all I know. Or the one gate could be "illegal."

Nobody in their right mind wants to let loose the attack dog lawyer(s). That is expensive and asking for trouble.

But getting legal advise just makes sense. We have had numerous talks with lawyers over the years about various issues. I do not think they have ever billed us either. We had simple questions that they answered and that was that. We expected to pay $100-$200 for the advice and it would have been money well spent. It was even better since the lawyers did not ask to be paid even when we offered.

There is a thread on TBN that started around 2000. I think it has to be one of the longest threads on TBN by post count and elapsed time. The name of the poster is not coming to mind at the moment but maybe someone will remember. If you want to spend a weekend reading disturbing but interesting reality of the ugliness of easements that thread is a good one. The thread was a fight over an easement. The TBNer seemed to be 100% in the right but in the end had to pay hundreds of thousands of dollars in fines and legal fees.

Get to a lawyer ask some questions. Act on the answers carefully. USE the lawyer as an attack dog with extreme care and as a last result.

Later,
Dan

 

[Mousefield]

Why not get together with either the owner and or the other person who uses the road and put up a new post. We get the other two neighbors to do a work party in the spring to prune back the brush on our private road. We have the right of way that says we have to maintain the road; the other two neighbors that use the road only have a license to use the road from the land owner. Afterwards we go to someone's house for coffee and a snack. Often you get a little friendlier with one another as you chat while working. Having spent many thousands on lawyers regarding our road this is not the direction you want to go.

This is what I had in my earlier post. You putting up the gate with a new fence post and getting on with your life is about the cheapest thing you can do.

 

[Argosy]

Where did I say he needed to have a letter written or sic a lawyer on him?

I didn't you did and yes I am serious if you actually read my post instead of having your knee jerk reaction over the mention of a lawyer!

I am in the opposite situation and legal advice doesn't fall out trees around here so what if he has to pay for it.

Actually the gate could be the least of his problems if he cant figure out where he is on the food chain in this situation and find a way to smooth it out.

For instance when either party sells or subs out the property's in question for one an easement makes property hard to sell and if there are disputes over it-nearly impossible so getting it straight legally and personally is the smart thing to do.

Did you actually read HIS post, he said he has a right to travel over the land per his title, the easement will be on the surveys. If this is the case why does he need a lawyer? The only way he will need to smooth anything out is if he escalates the situation. Fix the post and move on.

 

[Car Doc]

Did you actually read HIS post, he said he has a right to travel over the land per his title, the easement will be on the surveys. If this is the case why does he need a lawyer? The only way he will need to smooth anything out is if he escalates the situation. Fix the post and move on.

Argosy, I dont pull stuff out of my hat to talk about there isn't any post fixing except you opening your eyes and reading them and you moving on.


Obviously I did read it and I gave constructive advice to him as did several others here you are the one who cant see it. I also said to just fix the gate and go on with his life if he could.

I happen to have spent quite a few hours in courtrooms and lawyers offices and countless dollars spent in the last 8 years over nearly the same situation except I was the one who got sued. Maybe not as much time and effort as some others here but I am pretty certain I know more than you by the way you talk.

I have my name all over a piece of easement case law and I can tell you this as I pointed and others have pointed out to him he may be in the wrong with his feelings that the gate etc is their responsibility. I won by overturning a chief district judge and it went from the appellate level which was in my favor to the state supreme court also in my favor.

Where does a title or survey say exactly how an easement is used Id love to know that hardeharhar???

One point I made that has been maybe been passed over is landowners DONT like easements and some flat wont get along no matter how nice you are what do you have to say about that?

 

[logan97]

OP never did say what State he is in. If he is in TX it discusses plain and clear about gates in the TX codes. which can easily be accessed via Internet google search. Basically the gate cannot be locked, must swing freely, at least 10" width.Also if he can get access to a West Law program he can review similar court cases.

 

[picker77]

For goodness' sake. Stick a new post in the ground, fix the *&$@% gate and move on. Uncooperative neighbors will sell out or move eventually, assuming you can outlive their stay. And if you can't, you won't care, will you?

 

[Mace Canute]

For goodness' sake. Stick a new post in the ground, fix the *&$@% gate and move on.

X-2!!

 

[troutsqueezer]

I'm gonna get my lawyer to read these posts and tell me who's right and who's wrong. No...wait....I hate lawyers.

 

[Argosy]

I happen to have spent quite a few hours in courtrooms and lawyers offices and countless dollars spent in the last 8 years over nearly the same situation except I was the one who got sued. Maybe not as much time and effort as some others here but I am pretty certain I know more than you by the way you talk.

You win. You obviously be way smarter than me if you been all the way to the Supreme Court (and won!!) over something similar to replacin' a gate post.

I guess I be finding me a forum to post on where a neighbor would say 'Hey, next time I come up I'll bring a post, how about you'n me fix that gate so neither one of us have to be draggin' that heavy thing around." I know when I'm out of my place.

hardeharhar

 

[Car Doc]

You win. You obviously be way smarter than me if you been all the way to the Supreme Court (and won!!) over something similar to replacin' a gate post.

I guess I be finding me a forum to post on where a neighbor would say 'Hey, next time I come up I'll bring a post, how about you'n me fix that gate so neither one of us have to be draggin' that heavy thing around."

hardeharhar

Actually Argosy yes I did and I then didn't depends how you look at it I suppose? I simply put a nice 2 board vinyl fence down my road into my business to improve the looks and value.

My neighbor couldn't use my drive to get into his property anymore when it was muddy and filed an injunction against me and by some stroke of idiocy a local district judge took 140' of my driveway that I had just put the fence up on and gave it to my neighbor that's what I won was my property back its called eminent domain and courts are tending to sway in that direction and its bad for all property owners.

Everyone thinks a title or survey is black and white - wrong its merely how someone interprets their rights etc up until the actual law is read and interpreted sometimes everyone will disagree over something so blatant it boggles the mind.

Here is the chain of events - he sues me he wins, I appeal and win at great financial expense for both of us, he then takes it to the supreme court at no expense to me and I win there also.

fwtw His reasoning to sue me was since I had an all weather road that adjoined his property he could use my road when ever he felt like since he didn't have a road because he was too lazy to build one like I had so he took a short cut down my drive when he felt like it put that in your pipe and smoke it.