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Harrasement and Easment problems

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jimk1

Junior Member
What is the name of your state? Arizona
I own property next to a woman who is psycho. She claims that every time she comes to her property my wife and myself harass her. We have surveillance cameras all around our property, (even on our doors outside). We are currently in court over this issue. She has an easement over our property for ingress and egress that was granted by the previous land owner (witch owned about 10 acres). We have no title restrictions for ingress and egress on the deed to our property. Can we condemn our easement that was granted by a previous owner to the owner of the land next to us? It will land lock about 10 acres. But we would grant easements to the other owners, just not to her.
 


John Se

Member
you cannot unilaterally recind and easment

jimk1 said:
What is the name of your state? Arizona
I own property next to a woman who is psycho. She claims that every time she comes to her property my wife and myself harass her. We have surveillance cameras all around our property, (even on our doors outside). We are currently in court over this issue. She has an easement over our property for ingress and egress that was granted by the previous land owner (witch owned about 10 acres). We have no title restrictions for ingress and egress on the deed to our property. Can we condemn our easement that was granted by a previous owner to the owner of the land next to us? It will land lock about 10 acres. But we would grant easements to the other owners, just not to her.
you cannot unilaterally recind and easment, sounds vindictive and mean, karma will get you!
 

jimk1

Junior Member
You don`t know this woman. Let me be vindictive and mean. She is.
Karma sharma who cares!!!!! Any replies from someone who knows Arizona Law?
 
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John Se

Member
legal

Ok so here is the legal
You cannot landlock someone
you cannot unilaterally recind and easment

if you are already in court with hired help, why are you posting here?
 

jimk1

Junior Member
For one thing I never mentioned that I have a Lawyer. Are you one? (in arizona) And it is an easement, not and easement
 
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John Se

Member
bad proofreading on my part

my most humble apologies, doesnt change the facts
no landlocking
not unilateral recinding of an easement

if you dont think so go for it, lock the gate
 

ms.magoo

Member
Harrasement and Easement problems

I am in total agreement with the other posters that have answered your question.
I take it you're the servient tenament.
You cannot rescind the easement agreement.
Nor will that be allowed to happen because of the landlock situation you'd put this neighbour in.
Only the "Dominant" tenament can abandon a easement agreement, an believe me, I don't think this neighbour will be doing that anytime soon.
You say you have a lawyer, well, what is his take on your actions to try an stop her from using her easement ???
I'm not trying to bash lawyers here, but my take is, that he's taking you for a nice expensive ride that in the end will be your money loss an not hers.
Have you read your easement agreement with a fine combed tooth, or better yet, have your lawyer explain it to you in upmost detail of what your legal rights are an hers are.
If it runs with the land and is perpetual in all time, then you're fighting a big losing battle.
Plus I also might add, that if you put yourself in her shoes, how would you like it if you were being video taped at all times of the day an night in order to get to your property ???
My best advice to you would be to put your place up for sale an move on with your life.
It basically comes down to, "Caveat Emptor", which means let the buyer beware. I guess you weren't that aware of what you were buying into, an so its of no fault of hers, just your own fault is all.
 

jimk1

Junior Member
Did I fail to mention that she doesn`t even have a house there. It is vacant land. I also mentioned a couple posts up that I DO NOT have a lawyer. I am the serviant tenament. Please read more carefully. No title restrictions means it does not run with the land. In other words I do not have an easment restriction on the title to my property. Just an easment granted by a previous owner.
 
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S

seniorjudge

Guest
jimk1 said:
Did I fail to mention that she doesn`t even have a house there. It is vacant land. I also mentioned a couple posts up that I DO NOT have a lawyer. I am the serviant tenament. Please read more carefully. No title restrictions means it does not run with the land. In other words I do not have an easment restriction on the title to my property. Just an easment granted by a previous owner.
You cannot landlock someone and you cannot unilaterally rescind an easement.
 

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