Author Topic: I think I have to sue my neighbor. (Read 1595 times)

moneyguy · « **Reply #30 on:** February 05, 2008, 10:44:41 PM »

i would roto-till it up and plant some grass. then tell them to get their own driveway.

AWMac · « **Reply #31 on:** February 05, 2008, 10:49:57 PM »

Thank GAWD that Oklahoma has Texas as an easement between us and Mexico.
Gettin kinda thin on ammo here nowadays.

Between the Texicans and the Mexsans crossing... no wonder the named it the "Red River".

Mac

rpm · « **Reply #32 on:** February 06, 2008, 12:07:39 AM »

You might want to check that paperwork Mac. You guys are a DMZ against Yankees.

Getback · « **Reply #33 on:** February 06, 2008, 08:03:58 AM »

I have easement property too. Hate it! Don't have an answer for you. However, (I'm not an attorney) I think you have to show damages.

My situation is we have opposing garages and share the drive to the garages. My neighbors have crammed a junk trailor, 2 full size vans, and a compact or midsize car in a spot that was only intended for one vehicle. At times I could not even get my lawnmower out of the garage. Our easement agreement states that we are entitled to back out of our garage to the front of their garage and then pull out. I, unfortunately, will have to get an attorney and I can prove damages. I have taken pictures. I've asked them and have written to them about it and all I get is lip service.
Lived there for 30 years and never had any trouble and then the woman living their married this sorry clown.

If I parked the way they parked they could not get out.

DREDIOCK · « **Reply #34 on:** February 06, 2008, 08:14:09 AM »

Quote

Originally posted by rpm
You might want to check that paperwork Mac. You guys are a DMZ against Yankees.

y'all seem to forget that if it werent for the "yankee's"

You all would be nothing more then a bunch of slave holding crackers in a third world country

sluggish · « **Reply #35 on:** February 06, 2008, 09:15:27 AM »

Quote

Originally posted by M36
I havnt seen this mentioned but is the easement something you just made for them recently and if so, do you live in an area where easements need to be recorded and made a legal easement with the county that you live in? If its not a legal easement then it shouldnt be there on your property, and they are not entitled to use your property as access to theirs, unless you agreed to something during the sale.

Where I live its called being land locked if you dont have a legal easement to your property through someone elses land. I have property that I would be land locked from if it were not for a recorded and legal easement going through my neighbors property. There is nothing he can do or say about it.

Yes, this is a recorded, legal ingress/egress easement. He would be landlocked without it.

On second thought, I've decided that not only am I not responsible since I'm not using it, but I would only be responsible for half of the cost of the part I was using if I were (since he has to use it).

sluggish · « **Reply #36 on:** February 06, 2008, 09:16:29 AM »

Quote

Originally posted by M36
I haven't seen this mentioned but is the easement something you just made for them recently and if so, do you live in an area where easements need to be recorded and made a legal easement with the county that you live in? If its not a legal easement then it shouldn't be there on your property, and they are not entitled to use your property as access to theirs, unless you agreed to something during the sale.

Where I live its called being land locked if you dint have a legal easement to your property through someone Else's land. I have property that I would be land locked from if it were not for a recorded and legal easement going through my neighbors property. There is nothing he can do or say about it.

Yes, this is a recorded, legal ingress/egress easement. He would be landlocked without it.

On second thought, I've decided that not only am I not responsible since I'm not using it, but I would only be responsible for half of the cost of the part I was using if I were (since he has to use it).

Shamus · « **Reply #37 on:** February 06, 2008, 10:00:55 AM »

I would just ignore him. Edison has an easement at the back of my property and they have never tried to get me to pay any of the tree trimming costs.

I rather doubt that your easement addresses maintenance costs.

You might send him a letter that states that you have decided to do the whole drive in brick paver's and that you would appreciate a check from him in the amount of $50,000.00 for his half.

shamus

Getback · « **Reply #38 on:** February 06, 2008, 10:11:17 AM »

Quote

Originally posted by Shamus
I would just ignore him. Edison has an easement at the back of my property and they have never tried to get me to pay any of the tree trimming costs.

I rather doubt that your easement addresses maintenance costs.

You might send him a letter that states that you have decided to do the whole drive in brick paver's and that you would appreciate a check from him in the amount of $50,000.00 for his half.

shamus

sluggish · « **Reply #39 on:** February 06, 2008, 10:31:22 AM »

Quote

Originally posted by Shamus
I would just ignore him. Edison has an easement at the back of my property and they have never tried to get me to pay any of the tree trimming costs.

I rather doubt that your easement addresses maintenance costs.

You might send him a letter that states that you have decided to do the whole drive in brick paver's and that you would appreciate a check from him in the amount of $50,000.00 for his half.

shamus

A utility easement is quite different from an ingress/egress landowner easement.

I like the other part of your post though:lol

Shamus · « **Reply #40 on:** February 06, 2008, 11:12:47 AM »

I would still ignore him, let him make the first legal move if he wishes, lawyers are expensive.

I see you are in Michigan, one caveat tho, if he is a big three UAW member he has the pre paid legal plan, it does not cover much but I know that it has a pretty high limit for real estate matters.

shamus

SlapShot · « **Reply #41 on:** February 06, 2008, 01:20:52 PM »

What is the exact language of the grant/easement ?

Without that, any responses are merely a guess.

From what I have read, if there is no specific language stating that maintenance of the easement will be split 50/50, then there is no "default" assumption that you have to share in half the cost of maintaining the easement ... in this case, snow removal.

If you are not using the same easement for your own access(driveway), then he would truly be hard pressed to present to any judge a reason why you should share in half the cost of snow removal, when the removal is only for his benefit.

There should also be specific language as to what they can do to the easement construction-wise.

Personally I think the guy has a huge set of balls to even ask you to share in the cost of snow removal.

As Shamus said, I would simply ignore him, and if he broached the subject in person, with me, I would tell him that he has a huge set of balls and then tell him to "piss off".

DieAz · « **Reply #42 on:** February 06, 2008, 02:07:15 PM »

Quote

Originally posted by sluggish
A utility easement is quite different from an ingress/egress landowner easement.

and you are right as a utility easement gives the power company telephone etc the right to enter the easement.
the landlocked owner, who uses the utility easement as an ingress/egress, is in fact trespassing on your property. he could be considered one of those hostile land squatter types.

read this quick fact from a city in Arizona. http://ci.show-low.az.us/departments/public_works/Easement_Quick_Facts.htm

and read this http://www.lectlaw.com/files/lat06.htm
pay attention to the part about written permission. may want to give one of those to the landlocked one then revoke it on him for pure spite.
yes I can be evil.

might be a good idea to get a lawyer quick, to work out something to solve this problem. better do it before the landlocked one decides to take legal action.

SlapShot · « **Reply #43 on:** February 06, 2008, 02:45:26 PM »

Here is some case law ...

In syllabus point 2 of Carson v. Jackson Land and Mining Company, 90 W.Va. 781, 111 S.E. 846 (1922), the Court rather plainly indicated that in an easement situation the duty to maintain an easement is ordinarily upon those entitled to use the easement and not upon the landowner.

The Court said: The duty to maintain an easement in such condition that it may be enjoyed is upon those entitled to its use, in the absence of some contractual or prescriptive obligation upon the owner of the servient estate to so maintain it.

So, if you do not use the easement for your own benefit, and there is no specific language in your easement/grant saying that you are responsible for the maintenance of the easement ...

THEN HE CAN KISS YOUR ARSE.

SlapShot · « **Reply #44 on:** February 06, 2008, 02:59:41 PM »

Quote

Originally posted by sluggish
Yes, this is a recorded, legal ingress/egress easement. He would be landlocked without it.

On second thought, I've decided that not only am I not responsible since I'm not using it, but I would only be responsible for half of the cost of the part I was using if I were (since he has to use it).

Exactly ...

If the easement was 100 feet and you used 10 feet of the easement for your own use, then you would indeed be responsible for 10% of the maintenance.

Also, if it is truly an ingress/egress easement, then that is all he can use if for. It's use is limited only to getting into and out of his property.

He cannot build on it, park extra cars on it, put a fence on it boarding the easement, pave it, etc ... he can only make reasonable changes (fill in pot holes - cut down trees in the easement) that makes the ingress/egress viable.