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NotCranky
ParticipantGot up pretty early for a Sunday. What a beautiful moon fall it was. It is an absolutely gorgeous day. I can travel to the the snow.
ParticipantSorry 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.
ParticipantO.k. Thank you, I will keep that in mind too.
Participant[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.ParticipantTitle 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?
Participant[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.Participant[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.
Participant[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.
ParticipantEasements 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.
ParticipantSorry some confusion, I made the fixed cost statement not the attorney. I am just saying that they are guaranteed to make some money running the quiet title even if the defendant settles quickly on all other issues.
Could be the wrong attorney for me but all of them have suggested the quiet title in the same manner. This attorney was actually recommended by an escrow officer I have known for 20 years and is golden to me. Going to take the free consultation, but not taking a check book with me. They did say that I decide the scope , not them, so we might be able to get on track.
ParticipantI got serious on the phone with one of the attorney I am interviewing now. Ask him directly about quiet title. He tried to get away with just saying it’s standard.
I said some people think ‘churning’ people’s troubles is standard too. I asked him why it should be standard if I have good title. And he said he’d have to look at that. SO yeah, probably big sales job by all these guys and gals. The quiet title is a fixed cost thing so even if the guy doesn’t fight title claims, and settles quickly, or doesn’t even answer the claim and I win by default, they can take some additional money from me.Going for another free consultation early next week with this same attorney and will get more into the possibility of a strong letter, served, or delivered verified contents.
I feel like we are in a pretty good place with this.
About the gun shooting practice, It does bother a lot of people, but the police won’t enforce even the regulations that exist. The police won’t enforce a lot of things. Short of bloodshed we don’t have police protection out here, lame ducks.
The worst thing is they treat people poorly when we ask for protection. I think they do this to cover up that we can’t have any.ParticipantI think you’ve got it on the title and enjoyment. Putting it to the attorney’s I have interviewed again. On the prescriptive easement of the older folks. That is a ship that has probably sailed, but I know the attorney they worked with as of yesterday so I will talk to him about it. Nice old couple and I would like to see this guy get elder abuse charges.
I am forced to sue because I am reluctant to just cut down the fence at this time and…..without a record and the punishment if being sued, he more easily goes back to “rogue” anytime he wants to. Think spoiled child.
Participantdel.
ParticipantNo he does not want to sue me. I am being forced to sue him but want to sue him only if I have to, for interfering with the easement and maybe some other stuff against my person. The lawyers say that along with that, I need to do a quiet title. At the same time they admit that there is no way he could get away with an adverse possession claim. The neighbor knows it’s mine as he has given me three different “one time offers” to buy me out. He is, one by one, trying to drive people off the easement .
He has succeeded with some old people who only had a prescriptive easement but couldn’t afford to fight him. One other neighbor has the same easement paperwork I have and I think his idea is that he will try to get them last. I wish the old couple would have told me so we could work together even if I paid for it. I don’t know the other family. They know he is nuts,but he doesn’t do anything to them so talking to them about him might just seem weird to them. He lets them drive around the fence in the easement on a nice looking road. I don’t even know if they know it’s not in their easement. I doubt it. So if I let him win with me , he will be able to kick them off when he is ready!
I just want to start using the easement without stepping down to this guys level of personal conduct.
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