Hey Blog. I very confused. And I didn’t read your other reference post to refresh memory.
1.Who owns the land?
2.Did you mention that easement is shared with other people besides yourself?
3. Not sure where the quiet title comes in. Who is wanting it? My understanding that granting an easement (permission to trespass) blocks any adverse possession action.
4. Are there signs posted stating no trespassing?
5. Do you have photos of fence and tractor blocking easement?
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I just reread your post.
So the ass neighbor owner bought his property knowing it had a previously recorded easement granting you permission to trespass. Now he wants to sue you for quiet title thinking that will remove the easement?
I’m guessing that a lawyer letter telling him to keep off and remove the fence is necessary. Then it becomes a civil matter whereby you call cops and have tractor ‘arrested'( prevent him from moving it before tow truck arrives) and towed.
Or, are you thinking sueing him for quiet title? In other words you want him to give you the portion of property granted in the easement to you. Then you are clear title holder to that piece. See #3 above.
I think you already have the correct legal stuff in order and your problem in just enforcement. ..and living next to such a jerk.
Oh, and to speak to your original question here I think the two lawyers you have just spoken with don’t understand the situation or are wanting to spend your $.
This type of stuff requires and exclusive real estate specialist atty. I don’t you need this right now and try not to as it get very expensive very fast. Lots of research time. Don’t be lured by a seemingly low starting retainer fee. That is just a hook to get you to sign up. Slight threadjack:)
