Quiet title

[Hobie]

BG: There may be problems with the title as you mentioned. But, without pulling a complete title search this attny could not even recommend a quiet title action as he does not yet have the facts. As you know, real estate law is very precise. No RE attny does fix cost cases. There is always unknown variables that take time to sort out.

Blogs issue is not one of the title. He needs a big stick.

[bearishgurl]

[quote=Hobie] . . . You are not in good place with this. You don’t have all the options to make decisions. He gave you bad advice and is simply trying to win you over again with another meeting next week….[/quote]

I don’t think this is the case, Hobie. RUSS set up the FREE consultation with the attorney next week. Civil attorneys could give a r@t’s ass if they ever give any “free consultations” …. or not. Their time is valuable and they don’t usually take “contingency cases.”

I am as unclear about the details of this case as you are and probably a few other Piggs reading this thread. Maybe the OP doesn’t want to disclose them in detail and that’s okay. What he has explained so far sounds a bit convoluted to me. I know it all makes sense to him but there has been info left out of this thread to the extent that no one here can determine the exact condition of his title without examining it themselves (one who has the knowledge and skill to do this properly).

Seriously, attorneys don’t care. They are more than happy to fire (relieve) themselves in a New York minute off a case of a client they don’t want anymore if the court will permit it. Attorneys are a “necessary evil,” if you will. We need them worse than they need us.

[NotCranky]

Easements are described as parcel B C and so on on my title insurance. They were created by grant deeds. Some came with the property and I bought some new ones with the title company creating then and adding them to my policy.

I am definitely leaning on the letter idea , but the argument about the guy going right back to his evil ways is worth considering. I would not have considered the letter until I got video and witnesses for some assaults which was recent. He would have laughed at the letter or even not gone to trouble of picking up certified mail.

[NotCranky]

[quote=bearishgurl][quote=Hobie] . . . You are not in good place with this. You don’t have all the options to make decisions. He gave you bad advice and is simply trying to win you over again with another meeting next week….[/quote]

I don’t think this is the case, Hobie. RUSS set up the FREE consultation with the attorney next week. Civil attorneys could give a r@t’s ass if they ever give any “free consultations” …. or not. Their time is valuable and they don’t usually take “contingency cases.”

I am as unclear about the details of this case as you are and probably a few other Piggs reading this thread. Maybe the OP doesn’t want to disclose them in detail and that’s okay. What he has explained so far sounds a bit convoluted to me. I know it all makes sense to him but there has been info left out of this thread to the extent that no one here can determine the exact condition of his title without examining it themselves (one who has the knowledge and skill to do this properly).

Seriously, attorneys don’t care. They are more than happy to fire (relieve) themselves in a New York minute off a case of a client they don’t want anymore if the court will permit it. Attorneys are a “necessary evil,” if you will. We need them worse than they need us.[/quote]

Totally disagree that we need attorneys more than they need us. Sure the will avoid real problem child clients like anybody but the client also can take the bull by the horns and get good service , like with any tool, or shop for another tool.

[NotCranky]

[quote=bearishgurl][quote=Hobie] . . . You are not in good place with this. You don’t have all the options to make decisions. He gave you bad advice and is simply trying to win you over again with another meeting next week….[/quote]

I don’t think this is the case, Hobie. RUSS set up the FREE consultation with the attorney next week. Civil attorneys could give a r@t’s ass if they ever give any “free consultations” …. or not. Their time is valuable and they don’t usually take “contingency cases.”

I am as unclear about the details of this case as you are and probably a few other Piggs reading this thread. Maybe the OP doesn’t want to disclose them in detail and that’s okay. What he has explained so far sounds a bit convoluted to me. I know it all makes sense to him but there has been info left out of this thread to the extent that no one here can determine the exact condition of his title without examining it themselves (one who has the knowledge and skill to do this properly).

Seriously, attorneys don’t care. They are more than happy to fire (relieve) themselves in a New York minute off a case of a client they don’t want anymore if the court will permit it. Attorneys are a “necessary evil,” if you will. We need them worse than they need us.[/quote]

Totally disagree that we need attorneys more than they need us. Sure they will avoid real problem child clients, like anybody, but the client also can take the bull by the horns and get good service , like with any tool, or shop for another tool. Are you saying no lawyers will play unless they can rip us off? I don’t agree.

How much more info can I add about my easements than that they are created by grant deeds with my title company , surveys and engineering require where title company had doubt and it was added to my policy with no important encumbrances. Sorry , BG , you are very knowledgeable but are lending to any convolution here. The could be a super hidden defect but even the neighbor has no clue of it , if it exists.

[bearishgurl]

[quote=Blogstar]Easements are described as parcel B C and so on on my title insurance. They were created by grant deeds. Some came with the property and I bought some new ones with the title company creating then and adding them to my policy.

I am definitely leaning on the letter idea , but the argument about the guy going right back to his evil ways is worth considering. I would not have considered the letter until I got video and witnesses for some assaults which was recent. He would have laughed at the letter or even not gone to trouble of picking up certified mail.[/quote]
I forgot that you guys may not have door-to-door mail delivery. Could a process server possibly drive all the way up to Mr Wacko’s house to deliver your letter?

[NotCranky]

[quote=bearishgurl][quote=Blogstar]Easements are described as parcel B C and so on on my title insurance. They were created by grant deeds. Some came with the property and I bought some new ones with the title company creating then and adding them to my policy.

I am definitely leaning on the letter idea , but the argument about the guy going right back to his evil ways is worth considering. I would not have considered the letter until I got video and witnesses for some assaults which was recent. He would have laughed at the letter or even not gone to trouble of picking up certified mail.[/quote]
I forgot that you guys may not have door-to-door mail delivery. Could a process server possibly drive all the way up to Mr Wacko’s house to deliver your letter?[/quote]
No problem, most of us have mail boxes, but this guy has refused to pick up certified mail before. He will get the letter one way or another though. Service is not so strict like it is for some types of legal situations.

[bearishgurl]

[quote=Blogstar]Totally disagree that we need attorneys more than they need us. Sure they will avoid real problem child clients, like anybody, but the client also can take the bull by the horns and get good service , like with any tool, or shop for another tool. Are you saying no lawyers will play unless they can rip us off? I don’t agree.[/quote]

Absolutely, Russ, you should “take the bull by the horns” and tell an attorney you are considering hiring exactly what you are trying to achieve and ask him/her what they think might be most economical way to do that. They may come up with an idea you haven’t even considered. You can also try to negotiate unbundled services and/or a “Limited Scope Representation” retainer agreement. Just because an attorney doesn’t advertise these methods of doing business doesn’t mean they won’t agree to them …. with the “right” client.

[quote=blogstar]How much more info can I add about my easements than that they are created by grant deeds with my title company , surveys and engineering require where title company had doubt and it was added to my policy with no important encumbrances. Sorry , BG , you are very knowledgeable but are lending to any convolution here. The could be a super hidden defect but even the neighbor has no clue of it , if it exists.[/quote]

Thanks for clarifying how your easements were created, Russ. I asked you this question last night. I’m not understanding the second half of your sentence. Are you saying that you had surveyed any boundaries where your title company had doubts? Did you hire an engineer to have the easement(s) replatted to your parcel(s)? Did you mean “…no important exclusions?”

It doesn’t matter what Mr Wacko knows or doesn’t know but it could matter a great deal to you if he ends up retaining an attorney.

[bearishgurl]

[quote=Blogstar]No problem, most of us have mail boxes, but this guy has refused to pick up certified mail before. He will get the letter one way or another though. Service is not so strict like it is for some types of legal situations.[/quote]

If he has a rural mailbox out in the street and a street address, an online printout of USPS tracking service (much cheaper than certified and no signature is necessary) might suffice for adding the letter (exhibit) to your future complaint. You really need to be able to prove that Mr Wacko received your letter. Certified (Return Receipt Requested) is much better, though.

[NotCranky]

Title company walks new easements , at least in our case. Corners are all marked, easement follows property boundary all the way. However they did have me get an Engineer to write up the legal description for one easement. I paid for that outside of what I paid the Easement creation search or whatever they call it. Yes, I meant no important exclusions. I think a cloud on title is called and encumbrance though and would be written as an exclusion on the report?

[NotCranky]

[quote=bearishgurl][quote=Blogstar]No problem, most of us have mail boxes, but this guy has refused to pick up certified mail before. He will get the letter one way or another though. Service is not so strict like it is for some types of legal situations.[/quote]

If he has a rural mailbox out in the street and a street address, an online printout of USPS tracking service (much cheaper than certified and no signature is necessary) might suffice for adding the letter (exhibit) to your future complaint. You really need to be able to prove that Mr Wacko received your letter. Certified (Return Receipt Requested) is much better, though.[/quote]
O.k. I’ll keep that it mind. I know it doesn’t have to be a process server, but I can’t leave any wiggle room.

[bearishgurl]

Try Fed Ex. I know for a fact that they will walk up steep long driveways to deliver a letter or pkg or drive down an (accessible) gravel road to a house far back on a lot to drop the item on the doorstep. No signature is necessary and you will have your proof.

[NotCranky]

O.k. Thank you, I will keep that in mind too.

[FlyerInHi]

Hobie has a point. Doesn’t sound like you have cloud on title.

You have wack neighbor who won’t let you enjoy your easement.

[Hobie]

Ok Blog. I fully understand you not wanting to publish all the facts but based on what you have written here let me take one more stab at this.

Your issue is simply accessing and using your legal easement. Jerk neighbor bought his property knowing full well of the easement. Now he wants that land back and is being a prick.

This quiet title business is bad advice by people who either don’t understand the facts or are trying to take your money. QT relates to ownership of property. This has never been an issue especially as you had multiple legal descriptions recorded defining his property and the easement. Who owns what is very clear and not in dispute.

There has been a prescriptive easement as well and your paid portion and presumably other people with similar access across this land. Legally complete and all in place before jerk moved in.

I get living in the country there is a bit of the wild west mentality and you neighbor sure fits the bill. I also understand about cops tending to let you sort things by yourselves. Problem is the dude probably has guns and you are very concerned about your family safety. I would be too.

Either you move or deal with him. Again, I fully understand this is not easy but the concept is simple.

Lets deal with him. You have every right to enjoy your easement. He has harassed or otherwise interfered with your use. You have police reports, video, statements supporting this.

Instruct your atty to prepare a demand letter for him to cease and desist his interference with your easement. He must remove the fence and regrade the road back to original usable condition. Cite the past instances and include photos. Include your grand deed and other supporting docs as well as the prescriptive easement from others.

Prepare another letter to the District Atty putting them on notice of this problem and include your letter to neighbor. I would also indicate a restraining order may become necessary.

Mail it first class, certified, and fed ex. Don’t worry if he refuses or ever reads it. That you made the complete effort to communicate is what counts.

Next comes enforcement. Wear a video camera anytime you are on the easement. Call cops and have vehicles impounded if he parks in the easement. If cops don’t show, at least there is more paper trail. Finally, get DA involved and take sheriffs non-response back to the Chief.

Good Luck!!!

ps. No lawsuit is necessary. If need be, you pay to fix road and bill him. Small claims to collect that.

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