Hopefully it's over - probably- I hope so- maybe...........

Discussion in 'The Chatter Box' started by enjoytheride, Feb 28, 2008.

  1. enjoytheride

    enjoytheride New Member

    Oct 5, 2007
    Humboldt Co Ca
    I have been hearing from my neighbor with stronger hints that they did not want me using the upper gate to my pasture as it crossed their land. Well- yes it does- there is an easement deeded to my place for thirty years back for that. It crosses their land for about 20 feet from the road to my place. But I was having a bark delivery one day when the wife comes up to me and said she was not comfortable with my using that gate anymore as she felt I was trying to "create" an easement by using it. I told her there was an easement deeded on her deed and mine so I did have a right to access that gate. I was pretty upset by her implying I had some devious plan to do that and told her so.

    Then a month later a large pile of brush was put in the middle of the lane to the gate. I thought "well here we go." They are blocking my access.

    So I sent a certified letter to them telling them that due to wife's remarks, I thought that they were blocking my access, sent a copy of the couty parcel map showing easements and asked them to remove brush pile or I would start a legal action to get it removed.

    Today I got a let from their attorney saying they did not want me on their land and the pile of brush was a convenient place that they were going to use.

    So I made an appointment to see an attorney next week. Ugliness reigned.

    Tonight I was walking back from the mail box, when wife called over asking did I want to talk about this. My first response was to say no but then I said yes. So we spent about 30 minutes talking about it . I got some not nice comments and accusations directed at me about my having accused them of all sorts of things. I had just about had it when wife settled her husband down a bit and things became more civilized. So we agreed to meet this weekend to discuss it further.
    The husband made a remark about "might as well pay for the road to be re-paved" as to let the lawyers have it. Seems my certified letter had sent him off the deep end- they found it threatening and an offensive escalation beyond reason.

    I hope we can behave like reasonable people when we meet- they say they had no intention of keeping me from using the lane (?????? ) but make some remarks about being able to come as far into my property as they want to trim trees so we have some differences still.

    Please send me all the patience you can spare for this talk- I don't want to go to court either - I've never sued anyone nor been sued. Somehow I thing is something to be avoided. This has been hanging over me and upsetting me to no end and want to have it over peaceably.
     
  2. StaceyRosado

    StaceyRosado Administrator Staff Member Supporting Member

    Oct 4, 2007
    NJ
    boy oh boy! I woudl think that since it has been in effect for so many years they woud have been aware of it before purchasing the property. And to now get their dander up about it.......seems fishy to me. Sounds like they have some auterior motives for wanting you not to use the access. :angry:

    This sort of thing is why I am SO GLAD my grandmother didn't sell her land (next to us) to Wawa (convience store and gas station) as I know it would have caused issues with our animals, our property line etc.
     

  3. Rachel K

    Rachel K New Member

    59
    Jan 6, 2008
    Dyersville, Iowa
    Gosh, I really hope that you can settle this peacefully and both come out happy. I really don't have any words of advice, just wanted to send my well wishes to you.
     
  4. Di

    Di Crazy Goat Lady

    Jan 29, 2008
    central PA
    Hi, I agree that this needs to settled amicably, I applaud your efforts to be civil, please remember that people have been killed over property rights, so be careful if this is guy is not in control of himself.

    That said, if you have an easement deeded and on both property deeds, that's pretty iron-clad. That is why he is willing to "talk" instead of paying the attorney. I'm sure his attorney told him "well, we'll send him a letter and see if he gives in" type of thing. I'm also pretty sure his attorney told him if you didn't just "cave in" that he has no "leg to stand on" and let it go. You have no responsibility to him to let him come on your property at all. He has no easement on your property, YOU are the one with the easement on HIS property. And he either made that arrangement originally or someone else did and he was aware of it when he purchased said property.

    I'm not an attorney, but I've been through this (although it was awhile ago) and judges generally take a dim view of someone trying to rewrite the rules after that long a time. That said, he doesn't have to make it easy for you...but he can't block your access.

    You might want to meet this guy for this talk in a public place (no alcohol)...with a witness...it never hurts. In any case a small recording device will be worth its weight in gold for this kind of a meeting. If he threatens you, you will have proof. Be careful, let us know what happens.
     
  5. enjoytheride

    enjoytheride New Member

    Oct 5, 2007
    Humboldt Co Ca
    I agreed to meet him tonight but, as I was sooooo upset about our talk yesterday, I think I will tell him that I need time to think about what he said. I was also thinking about a tape recorder and a witness. Mostly because he rudely dismissed any concern I had, or my wishes even about going together and determining exactly where the property line is before arguing about it,) then, when I wanted to show proof of my statements, insulting me again.
     
  6. Dover Farms

    Dover Farms New Member

    Oct 16, 2007
    NW Ohio
    That's terrible! Some people just can't leave well enough alone. I hope everything turns out well.

    I will keep you in my prayers! :pray:
     
  7. jBlaze

    jBlaze New Member

    254
    Oct 9, 2007
    Oregon
    I think mediation is a good idea. Prayers to you. :)
     
  8. goatnutty

    goatnutty Active Member

    Oct 9, 2007
    South East,IN
    My family ( father,grangfather,uncle,ex.) are surveyors and I hear stuff like this all the time.I get very aggravated but sometimes you have to just settle it in time.I"m so glad all the land around us is family.
     
  9. enjoytheride

    enjoytheride New Member

    Oct 5, 2007
    Humboldt Co Ca
    Re: Hopefully it's over - probably- I hope so- maybe...Yeaaaaah!

    A little bit ago I met with the neighbors and I really think everythings going to be OK. No taking shots or making outrageous statements. They said they want to be the friends we were and have no plan cut the road back further.
    Also the brush pile will go tomorrow or the next day---------

    So your good thoughts have worked -thanks
     
  10. StaceyRosado

    StaceyRosado Administrator Staff Member Supporting Member

    Oct 4, 2007
    NJ
    glad to hear that things have calmed down. :thumb:

    I hope this is the end of it and everyone can live peacefully together now