Sorry I can’t give all the details. I am glad we can pretty much confirm what I thought about quiet title being BS. Thanks.
The prescriptive easement was never perfected. It only over part of my total easement road. About 1/3. The people built the original road over 45 years ago. Why they didn’t fight it I don’t know. Their property has another undeveloped easement by grant deed so they may be happy to sell that way. Either way, I feel what he did to them is low. Really low.
I am not sure the guy will respond to the letter, or that I will be protected by law cutting down the fence. I know the sheriff won’t do anything but the courts don’t like “self help” right? That’s where I don’t want to come down to his level and would rather have a judge’s authority. So, I may have to sue him for assault, interference with an easement , and maybe a few other COA’s. I actually mailed him a letter demanding he work with me to a mutually agreeable fix on the road . I sent that certified mail and still have the receipts stating non pick up to go with the original letter and a some legal definitions of easement rights from Miller and Star that I sent. I have a huge file of photos , videos, letters, text grabs, I’ll put copies of that in this little package for him. I really think he is too delusional to get it though.
The expense with repairing the road is not big. I am not too worried about that. The cost will be buried in the improvements I make. I just need him to stay out of the way. The cost of tearing down the fence could be billable and as long as I went to small claims court I could claim part of the cost for getting the road back to where it was, I guess. The fence would only take about 10 minutes to demo.
The sheriff will not move vehicles in a private easement and a tow company won’t do it without their approval. I asked , and they did say I could take him down and arrest him as long as I didn’t really plan it, but was just trying to go about my business. You can imagine that idea is a little uncomfortable. But it’s not out of the question,
How do Declatory Relief and Prelimanry and Permanent Injunction come into a situation like this? Those COA”S were also recommended.
