No deeded right

[Saffron]

right of way access blocked

State of Maine>

Right-of-way/driveway to my water front lots is causing title co. (remortgaging) to request agreement from neighbors to use this same road. The neighbors have no deeded rights and are presently being taken to court by the town for blocking the final portion to the water. They will not remove theyre structure.

What would cause the title co. to request such a thing? We (couldnt) shouldnt have to get an agreement as they are disputing with us and the town.

They have been using this Access road without deeded rights - Should we stop them and convince the title co. that they are requesting the impossible? How can we stop the neighbors from using this road as there driveway?

 

[HomeGuru]

You need to hire an attorney as there is more to this issue.

 

[Saffron]

No deeded rights cont.

Thank you for your speedy reply - I wish you could elaborate -
We had an attorney and we are now in the process of trying to recover from a 20k+ expensive previous year (Completed a full boundary survey, title searches of selves and surrounding properties, etc.), which is why we want to remorgage for the sake of consolidating those debts.

The town gave permit for the building of the structure and is now aware of the false boundary info. submitted to them at the time the structure was requested.

We never had past problems with mortg. or refin.

The town has really cause us problems. If I obtain an attorney again - What is my reasoning. The town is suppose to be handling this.

Are you suggesting I am still in danger?

 

[HomeGuru]

See, I told you there was more to this issue.
Please understand and realize that the town only represents the town ie. the general public at large and not you as a private property owner. Thus, you can not depend on the town lawyers to represent you individually as a private property owner. Right now you have no legal representation.
In addition, the town has already messed you up.
Did your attorney ever correspond with your title insurance company and review the survey, title report, title policy, building and zoning dept. files etc.?

You are still in a precarious situation here and without an attorney, you will not have a level playing field.

 

[Saffron]

thank you

Thank you - I will get right on it!!!


XXXXXOOOOOO

 

[HomeGuru]

Wow, that is cool.
Hey whatever happened to your illegal deck issue?

 

[Saffron]

Deeded Rights

UuhGggg.... I beleive I am embarrased! Back then I was playing the devils advocate due to my parinoia (excuse my spelling). Sorry, Its been a political-strongarm nightmare for us here in "Mayberry" w/ "Barney Phife".

I know you like it brief but in my devils advocating shame I want to exclaim.... This stories fullness would give you a professional buzz or headache. Beleive it or not this will be brief.

Jan2000
^Went to Code Enforcement regarding deck encroachment. ^They advised us to put up a fence.
^Went to police: Giving heads up about possible dispute concerns during the fence erection. Also plans of removing our dock from our private land due to liability concerns while disputing w/new neighbors (Attorney advised).

^We removed our dock (thinking nothing of it *Naturally) But, that same night while we sleep the neighbors w/ assist. f/Officer took our dock on our trailer to theyre private location and returned our trailer empty & damaged.

^A few days later My Husband and I were charged w/Theft by same officer conveying that the neighbors purchased our dock from the previous seller w/the hse. and supposedly had a recpt. We had no idea that our dock became adversly possessed too!

Within a years time.....
^We Completed a full boundary survey ($5000)
^Title searches - Selves and surrounding properties.
^Went to trial: whole thing lasted one year! (Over $10,000)
^Finally - Judge decides: Charges filed @ $250. Ea. for one year (seperate charges mind you - Two attorneys - $$$$ - For a DOCK!!) and after much discussion we had to relinguish any future interest in our dock.

So here we are:

The Deck is still there-On our land and blocking the right-of-way.
Neighbors moved away and are renting out the hse. (Something fishy w/the tenants)
The Dock is still here (May00 they launched it back to the water - moored/anchored just off of our land)
Town has asked them to remove the deck - They say "Go to H___"
Town turns case over to Town Attorney.

So in closing I would like to say how nice it is to have a place like this to go when your down and out, nobody knows you. Thank you - As always! Saffron

 

[HomeGuru]

We know you.

 

[Saffron]

Thanks Earl!

A blonde decides to try horseback riding, even though she has had no lessons or prior experience. She mounts the horse, unassisted, and the horse immediately springs into motion.

It gallops along at a steady and rhythmic pace, but the blonde begins to slip from the saddle. In terror, she grabs for the horse's mane, but cannot seem to get a firm grip. She tries to throw her arms around the horse's neck, but she slides down the side of the horse anyway.

The horse gallops along, seemingly impervious to it's slipping rider.

Finally, giving up her frail grip, the blonde attempts to leap away from the horse and throws herself to safety.

Unfortunately, her foot has become entangled in the stirrup, she is now at the mercy of the horse's pounding hooves as her head is struck against the ground over and over and over.

As her head is struck against the ground, she is mere moments away from unconsciousness when to her great fotune...


Earl, the Wal-Mart greeter, sees her
and unplugs the horse.

 

[Saffron]

Right-of-way access blocked
What is the name of your state? MAINE

Good afternoon:

My neighbors just took my fence down which recides upon my legal boundry surveyed private property, in addition to my privately owned right-of-way property...
The only reason the right of way property fence was errected was due to the fact that they're deck blocks the actual 9' area given for access - The deck blocks it fully. When they originally offered our privately owned property for access (in the past) in lew of tearing down the deck, We felt a dire need to errect the fence.

Can they leave they're deck and offer a new access point (from the back of they're house as they are attempting to do, without our permission or better yet the other deed holders permission)?

Your advice and further questions would be greatly appreciated as our present attorneys are suggeting litigation!

Thank you kindly - as always - for your time,

Saffron


Last edited by Saffron on 11-15-2002 at 04:26 PM

 

[Saffron]

14 m.r.s.a. 813 Notice

Saffron for Saffron

Another thing to share... Our attorney sent a sherrif to serve them the 14 mrsa 813 Notice and that was filed with the reg. of Deeds... Therefore the deck blocking of the ROW is public record.
This is advantagous to us for two particular reasons, 1. bank loan issues for any buyers (they are trying to sell at this time), 2. Unable to adversely possess now.

The one problem with this notice is they are attempting a FSBO/OwnerFinance (Because the banks won't touch this).
I suppose that is why they destructed our fence (Desperation is setting in - as they are paying rent for a hse. & a mortgage for this hse. - In essence they are financially dying - Each mth that passes with out selling). He's a Principal.

 

[Saffron]

We sent this letter most recently but they still took down fence panels again - See end of this post after youve read it...

I have been informed that you hired someone to tear down the Subjects fence a little over one week ago. I have informed the Subjects that they have every right to reconstruct their fence, and Mr. Subject intends to do that. I strongly urge you not to tear the fence down again. In essence, we believe you have committed a trespass by entering the Subjects property and destroying what belongs to them. Apparently, you are not content simply to encroach on a right of way, but now you find it necessary to destroy personal property which is clearly located on someone else’s land.

I refer you to the enclosed copy of the 14 M.R.S.A. §813 Notice, which we filed in the Cumberland County Registry of Deeds. We are currently evaluating the potential for a lawsuit against you. Any further destruction by you of the Subjects property will only solidify our claims against you. We will seek punitive damages in our lawsuit, as you have acted with malice towards the Subjects. You continue to show no respect towards the Subjects, and you continue to take the law into your own hands. I am sending a copy of this letter to the Town Police Department in order that they are apprised of this situation. The Subjects have agreed to keep my law firm informed of your conduct. At this time, a lawsuit against you may be the only way to prevent you from thumbing your nose at your neighbors and at the laws of the State of Maine.

If you are represented by counsel, I ask that you provide me with his or her name as soon as possible so that future correspondence can be addressed accordingly.





So, They took it down again!
Instead of my calling the police (petty dispute issue) we meet w/the attorneys Tue. regarding Litigation.

BUT: I would love your imput as I always have enjoyed our sharing... This is an interesting case.

 

[HomeGuru]

Have your attorney file a suit in District Court for expenses etc. in connection with the repair of the fence. The filing of this lawuit would create a NOP (Notice of Pendency) to be filed on title.
Even if the property had a contract on it via FSBO and Seller financing, once a title report is completed, the pendency action will be noted on title. This would alert the Buyer to the problem if the Buyer is smart enough to order a review the title report.

 

[Saffron]

Notice of Pendency/NOP

Thank you as always!

Saffron

 

[HomeGuru]

Good luck to you.