[quote=blogstar] …. Why a huge scope to get some court orders on clearly rogue behavior from the owner of a servient tenement?[/quote]
Russ, I can’t give you legal advice and will assume you already have an attorney to whom you can ask your questions.
My three questions for you are:
How long have you been “looking the other way” while the user of your “servient tenement” displayed their “rogue behavior?” (Talking to them about it and not serving them with any papers is technically “looking the other way.”)
Did you notice if the user of your “servient tenement” was displaying this “rogue behavior” when you first viewed the property prior to placing an offer on it? (If so, that could have been the main reason the property was listed at that time.)
Was it disclosed to you in your transfer disclosure statement or preliminary title report while you were in escrow to buy the property that a [named] user of a servient tenement had certain rights to that particular easement? If so, what were they and do you actually have a copy of the contract?
Sorry if you’ve posted these details before and I missed them.
