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easement

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wdw8675309

Guest
how difficult is it to get an easement extinguished?

i have posted before regarding problems with a neighbor
overburdening and abusing an easement agreement.

our neighbor has an ingress and egress only easement through
a parcel of our property. during the past year this has become
a living nightmare. he has roped off portions of our property
and claimed it as his easements rights trying to kick us and
our contractors off the roped off sections. he has attempted
to construct his own private drive through our property even
though we have told him verbally and in writting through an
attorney he may not do so. he is constantly placing and parking
varies construction materials and vechiles (large damaging trucks)
on our property. he has threated to destroy the driveway that
serves the ingress and egress path. he has called the sherriffs
department on us stating he found us threatening and was
fearful of his safety his claim was totally fabricated and the
sherriffs department saw right through it and "talked" to him
about creating false claims.

we have been dealing with an attorney who specializes in property law and is with the firm that orginally drafted the easement agreement this is costing us quite a large amount of
money to defend something that is legally so clearly unquestionable. our neighbor has use of free legal services so
is bombarding us with many tatics that require us to respond
costing us more money. i feel this is his hope we will just give up.

our neighbor is in every violation of the easement contract and
that parcel of land the ingress and egress is to benefit is not land
locked in fact it is located directly behind and adjacent to his property that his home is located on. for all practical purposes he
can walk out his back door to the property that the easement
agreement was drafted to benefit. i have documents and pictures
to back up all his violations.

we have tried to be nice and civil but we are tired of getting jerked around by this jerk :mad:
 


FarmerJ

Senior Member
Make sure your lawyer has copys of everything from letters to pictures and even use plat book map to show that the neighbor owns property allready that can provide him acceess to 2nd parcel . Last rather than huge financial settlement See if the Judge will allow cancelation of the easement and payment of your lawyers fees . It wouldnt hurt to ask for it that way so then he will have no reason EVER to be on your property . PS good luck to you .
 
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