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cherymax
Join Date: Mar 2004
Posts: 80 Grantville, GA
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2004-09-01          95295

For lack of a better place... I'm posting this here. Any help would be greatly appreciated.

I have an easement that runs down the side of my property... it lets the village idiot into his property. There is nothing in my waranty deed or security deed that says anything about this easement. The only record of the easement is on the plat chart.

The guy doesn't/hasn't maintained the easement. The easement has large pot holes, and the drive errodes down a hill leading to his property. I've taken pictures of the easement about every 20/30 days for documentation.

In march, I had a laywer send the neighbor a letter telling him to fix and maintain the easement. Neighbor had the easement graded, but that's all... no rock was added. The drive looked good for about 45 days... then again... it's full of pot holes and is erroding again. I've spoken with idiot neighbor several times... every time it's just excuses why it's not fixed... and it's never his fault.

I'm at my wits end... The lawyer I spoke to said my only recourse is to take him to superior court. It will cost me 2000/3000 dollars to file a complaint with the court. The laywer recommends I sue for damages (how do you quantify damages?) and an injuction.

It would be a lot cheaper for me to fix the drive myself... but's it's the principle of the matter. His driveway (my land) should be repaired by him... not me.

anywho... sorry to ramble on...

Here are my questions?
1. Has anyone sued someone over easement maintenance and recovered/not recovered court cost?

2. If I sue and recover court cost and damages and he doesn't pay... what then? Do I put a lean on his property? Sue him again for non-payment of court cost, etc...?

3. How do you put non-maintenance of easement into $$$ for damages?


Any insight would be great...


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ncrunch32
Join Date: Dec 2003
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2004-09-01          95302

Not sure what a plat chart is? You mean something like a tax map? I have not had an easement problem like the one you describe but I do have experience with land attorneys. You will spend $2,000-3,000 with them and then all of a sudden they tell you - "Oh, well it depends on the judge we get" or something like that.

The best solution is to somehow take matters into your own hands. I don't know how you do that in this case but it requires lots of thought. Maybe you make life uncomfortable for this fellow when the driveway is not maintained. Maybe you fence off some land to hide the mess from you, etc. It seems that if you own the property he has an easement on, you are in a position of control.

You will end up making enemies anyway with this guy. You might as well do a good job of it. ....

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ncrunch32
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2004-09-01          95304

By the way, as a person who would like an easement into my 35 acres of landlocked property, it is my understanding that an easement on a tax map means nothing if the easement is not documented somewhere on a warranty deed.

You could chain the property off and force the neighbor to go to court to gain access. The neighbor can argue he needs access by way of necessity and would have to go to court to fight you. This way the burden is on him for legal action. He (you) could win or lose depending on the judge and other factors. ....

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Chief
Join Date: Jul 2003
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2004-09-01          95305

Glad you aren't my neighbor. ;O)

Your first HUGE mistake was having a lawyer send a letter to the guy instead of talking to the guy directly. Now you have alienated him and made an enemy. Good luck getting him to do anything except find new ways to give you a hard time and irritate you.

If there is no easement specified in YOUR warranty deed, then your neighbor has no easement across your land.

My suggestion would be to visit the county court house register of deeds and ask for copies of all the deeds to properties that surround your neighbors land. (they are public information) My guess is that he does have an easement across one of those other pieces of land that ajoins his.

Should that be the case; tell him verbally and now in writting since you now have the lawyer involved that he has no right of way easement across your land and show him where his right of way easement is specified in the deed of one of the other properties joining his. Then put up a fence to block the area he was using and about 20 tons of dirt or rock to block the way would be a good back up.

Bear in mind that if he has no right of way easement anywhere to his property, he cannot be land locked legally. Since you have allowed him to use your property for access to his, you have establish a precident and he most likely will be granted an easement by the court across your land. The fact that you allowed this to happen over a period of time also will bolster his case. Should this indeed end up being the case and he is granted use of the easement on you land and the easement is added to your deed and you continue to keep after him about maintaing the road; he will have substantial grounds to file suit against your for harassing him and his right to access to his land and right of way. The judge is NOT going to like that.

My unsolicited advice would be to hope like hell that there a is right of way easement to his property specified in the warranty deed of another ajoin property to his. Should that NOT be the case; better develop a taste for some humble pie and make friends with the guy and work the issue out with him in an amicable manor. ....

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ncrunch32
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2004-09-01          95310

My sister had a case where there was a squatter on property she purchased with the intent of developing the land. In the end, she sold the squatter the land he sat on.

Also, like Chief says, if this neighbor has been using your land and there is no other way into his property - the neighbor will most likely be granted a right-of-way since landlocked property is illegal. The only question is whether the right-of-way will include utilities, have permission for vehicles and width or right-of-way.

In my case, I had 10 acres of wood lot with tax map easement from my Dad's farm. What I did was purchase an additional adjacent 25 acres at a town auction. I plan on going to neighbors and offering some land in exchange for right-of-way that can written into a warranty deed someday. We'll see how that works out. ....

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BillMullens
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2004-09-01          95315

Many times if this kind of issue goes to court, the ruling will be a compromise that is intended to be something that both sides can live with, as opposed to a hard-and-fast interpretation of property laws.

Damages can be quantified by a contractor as long as a specific goal is specified, such as "how much to remove this road and regrade and seed" or "how much to establish a ditchline that will prevent further damage to my land". You may need quotes on materials as well, such as stone, seed, mulch, pipes, etc.

What if he wasn't using the road, though? Would you then fix it yourself? Court should be viewed as a last resort; if you have the means to fix it, and he doesn't, why not just explain to him you can fix it but you won't be doing his road maintenance for free? Maybe you can make a little money maintaining your own land to your satisfaction, and he will probably be saving money compared to having somebody else do it.

Good luck,
Bill ....

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Toller
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2004-09-01          95318

You really need the expertise of a lawyer experienced in land disputes rather than the idle doodlings of the members of a computer email list.

First of all, the correct answer is dependent on your state. Secondly, some of the comments here are close to right but some are not. For instance, the term prescriptive easement means.....

prescriptive easement
n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion.

See the problem? A prescriptive easement won't be recorded with the deed and it exists without the landowners permission after a period set by state law.

I don't know how you found the attorney you spoke to but if s/he is not a specialist in land disputes, contact the County Bar Ass'n (there's one in every county) and ask for names of attorneys who specialize in land disputes.

You asked about setting damages. The question will be what have you had to do to repair damages caused by the failure to maintain his access? That will have to be reduced to dollars.

I really encourage you to secure the services of an experienced attorney in this area as this is exactly the kind of dispute for which we keep them around. There's no sense in trying to solve it yourself by blocking access or similar approaches. Ultimately this could lead to a requirement for a criminal defense attorney.

Eric Johnson (not a lawyer, btw) ....

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Chief
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2004-09-01          95319

Sure, get those attorneys involved. I bet you can have $10,000.00 tied up in this mess before it is all over with. Maybe even more. ;O) If the other land owner has been using this access and you let him; it is pretty much a forgone conclusion he will have standing in court on this issue. It will be very likely he will prevail unless there is another right of way easement already granted elsewhere. ....

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cherymax
Join Date: Mar 2004
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2004-09-01          95322

First let me say thanks for all the replies... there have been a few mis-understandings... That's my fault if I had to type out everything that's gone on with this easement it'd take 3 pages... anywho.

ncrunch32
I think it's also called a tax chart.
It's not that I feel uncomfortable dealing with this guy... We've had 200 conversations and none have been hostile. But really, how many times can I ask him to fix the easement. The law states (I have a copy): The servient owner (me) is left to his remedy in the courts by way on injuction and damages. I thought about blocking off the easement... Lawyer said that was a real bad idea. Law says neither one of us can obstruct the others use of the land.

I have put in trees to screen part of the easement, but it really needs fixed. The condition of the easement affects my property value.

I'll look into the easement on tax map not counting for anything... I asked the laywer about that and he "thought" it did... but I'll have him check it out.

Chief,
What's your damn address... I'm movin in :))

Yeah chief... my bad... I didn't mention that part... I talked to this guy and the previous owner for 1.5 years. I decided to go the lawyer route so that when/if we went to court I'd have proof (documentation) that I asked him to fix the drive. I also had the laywer check on whose responsibilty it was to maintain the drive... the law says it his.
Again, I'll have the lawyer check out the warranty deed not saying anything about the easement. I'll also check out the register of deeds thing.
No other easement will exist for his property... the guy I bought my house from had originally built the other house for his daughter to live in. He intended for her to use the easement... but he may not have recorded it correctly.
If it turns out that he has no right to use my land belive me... I'll have the 4110 working hard to block it off.
The precident was set by the previous owners... I don't mind that... but I'd rather him have to spend thousands in court than me.
I'll never be friends with this guy... but we don't have any problem "gettin along."

Bill,
Believe me court is the last option... I've been asking nicely for 2 years now and I get only excuses. I thought about doing some maintenance for him but I've had enough problems with this one matter... I'd rather I didn't get anymore entangled with this guy than possible. He's real bad with money too...

I was thinking damages would be different from what it cost to fix the drive?

-----------------------------------------------------------
What I really don't want to happen is: I go to court and not get my court cost refunded... I thought about going to superior court and sittin in on a few trails to see what happens... I guess I need to talk to the superior court clerk and see if they have a schedule of trials. I don't know if they have schedules???

....

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cherymax
Join Date: Mar 2004
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2004-09-01          95326

Toller,

Yeah... I know the the majority of the people here aren't attorneys... and yes I know it depends on which state your in. I'm in GA and it's 5yrs to claim prescriptive easement here. I'm not really lookin for legal advice. Just real world experience(s). I can weed out the chaff.

I've secured a real estate attorney... it cost 160.00 an hr just to talk to him, and he charges by the minute... which is really nice :)

I've pretty much come to the conclusion... thru the attorney and legal forums that I cannot block of or hinder his access (if he, indeed, has an easement). I've asked him to fix it till I'm blue in the face... now it's court. I just don't wanna go inot court blindly. ....

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bvance
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2004-09-01          95330

The bottom line the way I see it is, does the guy have the money to pay for damages you may ultimately win thru litigation? Probably not....that's probably the reason he isn't taking care of the easment in the first place.

You need to determine some way if he has the money to rectify this problem or you're just throwing your money away. Don't be fooled into thinking a judgement of any kind will do you any good if he doesn't have the money. A judgement will likely be junior to other perfected liens as in the mortgage holder. You would then need to buy out the first lien holder to gain ownership in order to sell the property to recover your judgement.....not likley a good solution. Or wait until he sells the property and hopefully collect if there's any equity.

Too many people believe litigation is the ulitmate solution. It rarely is. Money and the willingness to use it to solve the problem is. If he has niether, learn to live with it, otherwise you'll just be out more money and frustration and in the end the attorneys will win....they always do when it comes to litigation. ....

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grinder
Join Date: Oct 2003
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2004-09-02          95335

You need a real estate atty.
I say let the road become impassable. Then no one will be using it,and document it somehow.
Maine (for example) 20 yrs. of use to qualify for an easement. And it is possible to have landlocked property.
Not all states are the same, Spend the money on a lawyer,fix the road, or put up with it.
These issues are much to complicated to sort out here.
Lic. real estate boker since 1984. ....

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djmmps
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2004-09-02          95337

I live in Ga. too and have seen the outcome of this type of situation first hand. The court will do nothing for you in the long run. Even if you get a judgement against the neighbor, the chances are that he doesnt really have to do anything about it. It takes the court so long to act on anything, and then its mostly just threats. I would suggest working it out with the neighbor, its cheaper and a whole lot less stressful for you. Besides, if the guy is vindictive, he could do something else, like paint a fence electric pink on your side of the property for your dailey viewing pleasure. Good luck ....

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bnrhuffman
Join Date: Jul 2003
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2004-09-02          95340

I a little late on this because all the right answers have been given. Here it goes anyway. I dont know the specifics of GA, I was a real estate agent in MD for awhile. Its true that after a certain time period, if you allow him to use the land, he will be granted ownership of it. Its been a number of years but I thought that was called "perceptive easement" not "perscriptive". Maybe different for different states. If that hasnt happened and you just cant leave it be and it turns out that he doesnt have deeded access through your property, another solution that would be considered a compromise would be to start leasing the ground to him. I dont recommend court to anyone but if left with no choice, this may be an option to look at. Ask for $75 a month and the court may compromise at $40. That would be enough to cover most future maintenance.
Again, I think I would try to get over it but I dont know your situation. I know Ive got a next door neighbor that doesnt exactly take pride in his house. It used to bother me. At one point I was actually considering offering him a reasonable amount for his house just to get rid of him. Now I can joke around about it and I feel much better. All I know is I would take three eroded drives over one trashy neighbor. ....

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kubotaguy
Join Date: Nov 2003
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2004-09-02          95346

I think I would just leave it alone and do the best I could to block the view from my house. I was reading on another board (sorry Chief) about a land easement issue and it looks like it will end up costing the guy his house as well as his savings because he was trying to make a point. You never know how the judge will rule now days. I have an easement down the side of my property for the farmer to get to his 30 acres behind and beside my property. The farmer will end up selling and houses will be built there, so I have all ready taken precautions such as putting up a fence and clearly marking all of the surveyors pins. I cut the grass on both sides of my fence but let the easement grow up. I could care less, I don't use it and figure if it is full of holes and in pretty bad shape, it will at least slow down the people using it. ....

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Toller
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2004-09-02          95364

Cherymax-

I'm less concerned about whether you pursue this in court than that you know what your position is and what your options are. I certainly wasn't advocating "Sue the SOB."

There's been a lot of incorrect or partially correct information in the thread and you need to make certain you have dotted i's and crossed t's. For instance, the concept of prescriptive easement and adverse possession are being intertwined in the discussion. An easement relates to use of land owned by another. Adverse possession relates to acquisition of one person's land by another person. From your description of the situation, one or more elements of adverse possession seem to be missing. For instance, adverse possession requires the gaining party to have paid property tax on the disputed land.

Dealing with land disputes is a specialized area of the law. If you see this going forward into some form of dispute, seeking the advice of an attorney with special expertise in this area would be a good first step.

Eric (still not a lawyer) ....

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Billy
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2004-09-02          95367

Just curious but is there some kind of State law saying he has to maintain this road? If so, how well does he have to maintain it? To your standards or his? ....

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ncrunch32
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2004-09-02          95376

Toller, I think I used the expression "adverse possession". I agree that "adverse possession" is very difficult for any land user to obtain (clearly I am not a lawyer). An attorney once told me adverse possession was really meant for ranchers vs farmers where a party had to fight to get their cattle to water every day. Adverse possession requires an actual battle for survival to be taking place.

In NY, my attorney told me more likely in cases like the one described was "right-of-way (or easement) by way of necessity". I am confusing "easement" and "right-of-way" since I am not an attorney.

I gave a highly respected land attorney about $1500 and did everything he told me to do to get an easement for my landlocked property. I had a survey completed, documented the old wood trail, brought it to the counties attention for the tax map. He said it would be a piece of cake to get the easement on my deed. Then when I came in and said - OK, get the deed updated with the "right-of-way" he all of a sudden started backing off and saying there had been a recent case with a "city judge" that didn't come out the way he expected. The judge gave an easement but not with utilities or some other outcome which was less than adequate.

I decided to forego the legal route, purchase more property, so that I could trade land for a right of way with a number of potential neighbors. My only point is that you can't trust the attorney's initial assessment of probability of success, and that you could very well be out of several thousand dollars with no results. ....

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Toller
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2004-09-02          95378

Ncrunch-

Just looked at your pics. Nice house. That was quite a patio project.

Anyway, what you may well have run into is the issue I'm sort of leaning on. A lot of general practice attorneys think that land disputes just aren't a big deal. They recall vaguely about them from law school and take the case. Then they discover just how intricate a land dispute can become and they either screw it up or bail.

A typical adverse possession is a case where a fence is mis-located such that it is say 5 feet inside the property line. Depending on what happens from that point, at some future time the neighbor might be able to acquire that 5 foot strip under adverse possession. Prescriptive easement and adverse possession are commonly confused. The memory trick is that easements don't convey ownership, merely use. There may be a lot of restrictions on the owner's use that go with an easement but the owner is still the owner. An example is the utility across the back property line of houses in suburbia. You can plant your shrubs and grass there to a fairtheewell but the utility company doesn't have to take any precautions to protect them if maintenance is required on the buried cable. On the other hand, don't try to build your swimming pool so that it lies atop the easement. The power company will fuss like you've not imagined until you remove it.

One of my tasks at work is management of almost 300 parcels equaling about 15,000 acres of land owned by a department of state government. We are forever wrestling with easement and access issues and I've sort of given up trying to guess what's right in a new situation. It seems like the general rule of thumb is that the general rule doesn't apply.

Eric ....

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Billy
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2004-09-02          95387

Toller,

You seem to be a pretty knowledgeable guy! Can you answer my earlier post?

Just curious but is there some kind of State law saying he has to maintain this road? If so, how well does he have to maintain it? To your standards or his?

Billy
....

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cherymax
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2004-09-02          95390

I have a copy of the GA law... here's what it says:

Georgia Real Estate Law

8-26 Diversion or enlargement
"Where a grant of an easement contains no limition on the frequency or volume of usage, no implied limitations will be read into the grant by the court, but the grantee must use and operate his easement with due care of the protection of the land against damage and cannot create a nuisance. Generally, he may grade and pave the area traversed by his easement and in under obligation to keep it in good repair."

8-27
Obstructions
"Neither party to an easement has the right to erect structures on the land which interfere with the rights of the other party. The rule has been applied to fences or gates, wooden frames and buildings..."

8-30
Misuser or failure to repair
"An easement in not ordinarily forfeited by misuse, diversion, or excessive use, but the servient owner in left to his remedy in the courts by way of injuction and damages. Thus, the use of a private way beyond the statutory width of 20 feet at several points on the road was held not to work a forfeiture. But a private way arising from prescription or by statutory proceeding my be forfeited by failure to make repairs." ....

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Toller
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2004-09-02          95392

Billy-

The answer is .... it depends.

The Georgia law was just quoted and it clearly states that the easment must be maintained. However, that doesn't mean that the user can be required to pave it and put in street lights. The user is normally required to maintain the easement in such a condition as to not adversely affect the surrounding property.

However, consider an easement which is used once a month for a farmer to get back to his property to mow. The rest of the month he's in the next county. Can you as the landowner require him to mow the easement so as to make it conform to your standards of lawn care? Probably not. If in a month it is so overgrown that it is filled with noxious weeds and pests, then you could perhaps get something done. However, the most likely "something" is to mow it yourself.

It's tough to answer specifics in this venue as the nature of the terrain can significantly impact the problems the landowner is confronting and the solutions available. Again, we're talking the general rule and generally it doesn't apply.

Eric ....

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brokenarrow
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2004-09-04          95584

Been reading along with all the posts, real interesting!
Since cherymax did not ask if anyone here was an attorney and could answer his question (in which case he would of got no response) I guess it is like all other answers here, it may or maynot apply to your situation.
My visual of this easment is not clear. What type of setting is this in? Is it rural and mostly woods and fields or is it in a subdivision and just a lot and house in back of yours? That would make a huge difference in how well maintained this could be expected to be. Also, how long is this drive? Like a few have said before, a few loads of gravel may go along way to solving the issue.
Have you ever considered erecting a storage building or anouther garage near the end of this? Maybe it could be a dual use drive and then would be in your benifit to maintain it for yourself as well as the "idiot neighbor"
I feel for you though. Many times fighting the laws are just not worth the headaches they bring. What you really need is a change in the winter months in Ga. Nothing like a few months of winter and 2-4 feet of snow to make a guy keep his drive atleast in half way good shape.
Good luck on your issue here and sorry to hear about an unfortunate problem you have ....

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funchy
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2004-09-06          95726

Don't worry so much about property values unless you're planning on moving anytime soon. In the greater scheme of things, a less-than-perfect dirt road near your home won't totally destroy its value.

If you can't sleep at night, take the $ you considered giving to lawyers and invest in some nice landscaping. Consider arborvitae, bamboo, or leyland cypress. Problem solved, and the added plus is you don't risk an ongoing neighbor feud. ....

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Archdean
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2004-09-06          95737

Here is what you said in your first post!Game over in my opinion!!
"I have an easement that runs down the side of my property... it lets the village idiot into his property."

As posted by funchy!And I Agree
If you can't sleep at night, take the $ you considered giving to lawyers and invest in some nice landscaping. Consider arborvitae, bamboo, or leyland cypress. Problem solved, and the added plus is you don't risk an ongoing neighbor feud.


Dean

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Neighbor easement problem

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ncrunch32
Join Date: Dec 2003
Posts: 762 Kingston, NY
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2004-09-06          95740

I continue to hear people say "you need an attorney" to solve these types of problems. Based on my experience an attorney is the last thing you need. In the end - a judge makes the decision, these decisions always involve "judgement" - that's why "judges" make the decisions. No two judges will make the same decision on a case. And no attorney knows what the outcome will be. They soak you for the bill and back off at the last moment.

Decisions are usually based on common sense - you can use your own. Just don't do anything that obviously hurts the other party or is obviously vindictive. Do things that a normal person would do to maintain their property. The legal system is a waste of time and money. There is always a way around it.

Another thing I think people are afraid of is to defend thir own interest even if it makes them look mean. If your neighbor is reducing your property value then defend yourself. Don't worry about making enemies. That is the hardest thing to do in life. If you defend your property you will have lots of enemies over time. I have had people threaten to kill me because I stood between them and an easy buck.

There are lots of people out there assuming you will roll over and give them what they want because you won't take them to task. They operate by intimidation. They assume you aren't up to the task. I look like a dumb fat old jerk. Look at my pic 13 (LOL). The reality is quite the opposite. In one case I had a surveyor's license pulled for 6 months. I don't need to get into other cases unrelated to land here.

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Archdean
Join Date: Jul 2004
Posts: 279 Oklahoma
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2004-09-06          95744

Now here is a guy who knows how to butter his own bread!!!

Dean ....

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cherymax
Join Date: Mar 2004
Posts: 80 Grantville, GA
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2004-09-06          95751

The setting is rural, no fields. The drive is easily visible from my side door. It's a eye soar, and my minature dachshunds tend to play in the mud holes (which is really nice ;) The frogs like it though!

The drive is approx. +/- 1000' feet long, the first 400 feet are shared and the last 600 feet he uses for himself. I have maintained to first 400 and asked him for nothing. He uses it daily to access his home. He's recently moved another couple in with him... so now it's being used twice as often. I'll try to post some pics in the coming days to help explain.

LOL 2 to 4 FEET? My friend... Georgia comes to a halt with 2 to 4 inches of snow. 2 feet would create wide spread panic.

Yeah... I've already planted Emerald Green Arborvitaes alond the drive.


ncrunch32 said "...don't do anything that obviously hurts the other party or is obviously vindictive."
That's exactly what the attorney said too. As I've said before, me and this guy have had hunreds of conversations and still get along.
I see no way around this problem (yet anyway) The law says I can't restrict his use and I am left to the courts.
I can assure you this guy isn't intimidating at all. I, however, prefer not to go the "abusive route" (no offense intended)... it'll only lead to him suing me for harrrasment(sp).


ncrunch32 said " If your neighbor is reducing your property value then defend yourself."
ummm? he's not pulling a knife on me :)
According to the law (which I think is a real bad idea to go against) I'm left to the courts. I really don't know what else to do... That's why I was wanting to know if anyone had sued someone and recovered the cost... I could care less If I hurt his feelings.

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TomG
Join Date: Feb 2002
Posts: 5406 Upper Ottawa Valley
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2004-09-07          95757

I had a problem with a neighbour when I was in the city. Well, he had problems with me too, but his tactics weren't at all direct and drove me wild.

After talking with my lawyer to check my legal responsibilities in the situation I talked to a community relations outfit in the police department. They referred me to a community organisation that provided conflict resolution services. Basically, the organisation contacts all parties to agree to accept mediation services and provided a panel of experienced mediators.

I imagine the mediation takes various forms but ours required us to write out a description of the problem and both appear together before the panel to present the problem. The panel prepared a summary in the form of a non-binding contract that was signed. I agreed to do some things and so did my neighbour. We both gained something but neither of us entirely got our own way.

I can't say the services rendered us buddies or anything, but the mediation did manage the problem and likely far better than a legal route. The big thing is that you appear before the panel and the other party alone--no hired mouthpieces and arcane legal stuff to muck up a solution. The trouble with legal routes is that then tend to produce one winner who is judged 'right or damaged' and one looser who is judged wrong. The real world is seldom that clear. ....

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ncrunch32
Join Date: Dec 2003
Posts: 762 Kingston, NY
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2004-09-07          95767

Cherymax, I agree that all my statements might not apply in your case. Just some principles that come to mind - I get heated up whenever these discussions come up because I have had to defend my land on 3 occasions. None of these were situations I initiated. As often in residential areas where boundaries are clearly defined as in mountain land!

In your case I would think there are few options since this guy (supposedly) has a legal easement. Also I doubt that you will recover any legal costs and you will spend more than $1000 on this.

Questions I have:
1) Why can't you totally hide the easement with trees or bushes - maybe place them on a berm? How large are the trees you've planted? Its hard for me to believe you can't hide such a narrow piece of ground from your view. I recently transplanted 20 large burning bushes to hide a portion of a road - worked instantly, even from a high vantage point.

2) Since you have a tractor how much work would it take to fix the 600' of easement that he uses alone? Wouldn't you be able to swing a box blade through there a couple of times a year and clean it up? Yes, you would incur some cost but how much cost and effort would that be? It would also let the other guy know that if he doesn't maintain the easement you will maintain it the way you want to. You own the property.


Take the money you are going to lose (thousands) on legal options and instead use it to improve your property. Fill, tractor attachments, privacy screening, or whatever. What if you have to go through the same situation with another owner someday? ....

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sqrl
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2004-09-17          96660

Where I come from an easement is the right to traverse the property. Where does it say anything about maint. He uses it YOU maint to your satisfaction. Been there done that. ....

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ALDALE
Join Date: Jul 2003
Posts: 18 CINCINNATI, OHIO
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2004-09-21          96948

Cherymax;
Consider yourself lucky if this is all your village idiot does.
Compare it to the performance of my village idiot and his 20 year old idiot son--

* Violates driveway easement (described in deed)
* Theft
* Vandalism
* Trespassing (they steal the no trespassing signs)
* Arson
* Litters on my lawn (bottles, cans, scrap wood, limbs, etc)
* Dogs (three) run free
* Disturbing the peace with late nite parties
* Lies about all the above

This is just a brief summary. After they moved in over two years ago I would complain to the senior idiot about their activities and he would usually not understand that it was a problem. After about two years and a new 980 foot long fence this summer and two approx 1000 pound electric poles as barriers,I have been getting the police involved. This has all helped.
The theft and other damages have been small on each occasion but the total over two years would be several hundred dollars.
This is not a high crime area but an upscale township near the city.

Hope you feel better about your idiot. ....

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kyvette
Join Date: Feb 2004
Posts: 194 Central Kentucky
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2004-09-27          97251

Cherymax,
I would like to express my $.02. Did you purchase the property with the driveway access already existing? The plat you refer too, is it a development plat (subdivision) on file at your county courthouse? If it shows an access easement and/or the access was there when you brought the property, the individual has the right of ingress/egress. If either of these are true don't waste you money on an attorney. Another tid-bit, normally prescriptive easements only become effective after 15 years of use.

A deed of warranty doesn't always show all easements or right-or-ways. Attorney's are lazy and do not always do the needed research, or it was done by a legal assistant.

I would suggest you contact your local Planning and Zoning department. They maybe able to force the individual to properly maintain his right-of-way.

Good luck. ....

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cherymax
Join Date: Mar 2004
Posts: 80 Grantville, GA
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2004-09-27          97271

Yeah the driveway already existed.

The "plat" I refer to is a line drawn map showing individual property lines, pins, and lat/lon corrdinates for each individual property. My warranty deed references the plat. I don't/won't live in a sub-division :)

The plat does show an access easement.

Don't waste my money on an attorney to try and block him? or Don't waste my money on an attorney trying to get the land maintained? I think he has legal access... but he's also legally required to maintain his access.

Prescriptive easements vary by the state... In GA it's 5 years.

Quote: "I would suggest you contact your local Planning and Zoning department."
hmmmm... wouldn't the zoning office only cover things that were "zoned." You think the county has a zoning ordinance on easement?





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kyvette
Join Date: Feb 2004
Posts: 194 Central Kentucky
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2004-09-30          97423

With the plat showing the access easement and being it was existing when you brought the property, you are stuck with it. In Kentucky, Planning and Zoning departments, at least in my county, also employee the inspectors. Maybe there is a county ordinance that would allow the inspector to deal with the individual, mandating he improve the access easement. It would be worth a try. ....

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cherymax
Join Date: Mar 2004
Posts: 80 Grantville, GA
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2004-09-30          97425

I appreciate your input, but... I think you have too little information to say whether or not I'm "stuck with it." The lawyer working the case has seen the plat, researched the law, and has a law degree... and he's not even sure I'm stuck with it. Needless to say the laywer hasn't impressed me. Regardless... that's gettin off track.

The law says my only recourse is through the courts. I'm really looking for someone who has been to court and I'm wanting to know if they did or did not recover court cost.

Yeah your right the planning and zoning office would be worth a try. ....

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