S
Sweet Home
Guest
What is the name of your state? Alabama
Bought 22 acre farm 3 yrs ago. No visible or recorded easements & have clear title & insurance. It fronts a small county hwy. Elderly female neighbor lives across hwy on 92 acres. She also owns 20 acre parcel (parcel A) behind my farm. She prev owned another 20 acre parcel (parcel B) behind that, that fronts a small public road. She sold (parcel B) to her brother-in-law in 1969.
She & her adult children sued me for a prescriptive easement to get to (parcel A), but Circuit Ct Judge ruled against them because they had previous owner's permission (permissive use). Now they are sueing me claiming they are landlocked.
There is a large visible easement from the small public road across (parcel B), and we proved (by video & witnesses) they have used it to access (parcel A).
Although it isn't recorded on the deed of sale of (parcel B), I understand that an implicated easement was created and exists because you cannot landlock yourself, correct?
In 1970's the bro-in-law sold access of the easement to the Water Utility Board so they can access a Water Tower located on (parcel B). It is not exclusive. Also - a relative of the bro-in-law recently built a house on (parcel B) and uses same easement road for ingress/egress.
Since the Probate Judge is Plaintiff's nephew, he "unwillingly" recused himself - due to our persistence,... (we went thru this twice). The State appointed a local RE attny to hear the case as a Spec.Probate Judge. (She tries cases daily in front of the Prob.Judge - nephew.) CONFLICT!
She has ruled in favor of the plaintiff that they are landlocked, and have no "adequate & reasonable" access to their (parcel A) and has condemned our property so that they can cross from their residence across the Hwy & the middle of my pasture. Their one & only argument was "inconvenience" to their residence- that's all. It is 1.5 mi from their driveway to their easement road.
Because the easement road is not exclusive, (and is reasonable & adequate for both the Water Works Board, and the residence on parcel B) it would be reasonable & adequate for plaintiff. Also - "convenience" is only considered for the determining of the condemnation path - ONCE YOU PROVE YOU HAVE NO OTHER ACCESS, right? I also understand that "reasonable & adequate" relates to the access to a public road, NOT to the plaintiff's path to her residence, correct?
The County Commission is meeting in 2 weeks to determine my $$ damages.
The Prob.Judge (plaintiff's nephew) is also the Chairman of the Commission. - another huge conflict!
I have what most consider the best RE attorney - from the City. But - I feel like we are getting railroaded with this "small town mafia" in the local government. What can I do to get this case before a jury, and ensure that Probate Judge doesn't have any access to the jury pool? The Spec.Prob.Judge that was assigned total disregarded their current easement. Can I file complaint on her? There are many more details. Can I file complaint at State Attrny Gen office or Judicial Ethics?
Bought 22 acre farm 3 yrs ago. No visible or recorded easements & have clear title & insurance. It fronts a small county hwy. Elderly female neighbor lives across hwy on 92 acres. She also owns 20 acre parcel (parcel A) behind my farm. She prev owned another 20 acre parcel (parcel B) behind that, that fronts a small public road. She sold (parcel B) to her brother-in-law in 1969.
She & her adult children sued me for a prescriptive easement to get to (parcel A), but Circuit Ct Judge ruled against them because they had previous owner's permission (permissive use). Now they are sueing me claiming they are landlocked.
There is a large visible easement from the small public road across (parcel B), and we proved (by video & witnesses) they have used it to access (parcel A).
Although it isn't recorded on the deed of sale of (parcel B), I understand that an implicated easement was created and exists because you cannot landlock yourself, correct?
In 1970's the bro-in-law sold access of the easement to the Water Utility Board so they can access a Water Tower located on (parcel B). It is not exclusive. Also - a relative of the bro-in-law recently built a house on (parcel B) and uses same easement road for ingress/egress.
Since the Probate Judge is Plaintiff's nephew, he "unwillingly" recused himself - due to our persistence,... (we went thru this twice). The State appointed a local RE attny to hear the case as a Spec.Probate Judge. (She tries cases daily in front of the Prob.Judge - nephew.) CONFLICT!
She has ruled in favor of the plaintiff that they are landlocked, and have no "adequate & reasonable" access to their (parcel A) and has condemned our property so that they can cross from their residence across the Hwy & the middle of my pasture. Their one & only argument was "inconvenience" to their residence- that's all. It is 1.5 mi from their driveway to their easement road.
Because the easement road is not exclusive, (and is reasonable & adequate for both the Water Works Board, and the residence on parcel B) it would be reasonable & adequate for plaintiff. Also - "convenience" is only considered for the determining of the condemnation path - ONCE YOU PROVE YOU HAVE NO OTHER ACCESS, right? I also understand that "reasonable & adequate" relates to the access to a public road, NOT to the plaintiff's path to her residence, correct?
The County Commission is meeting in 2 weeks to determine my $$ damages.
The Prob.Judge (plaintiff's nephew) is also the Chairman of the Commission. - another huge conflict!
I have what most consider the best RE attorney - from the City. But - I feel like we are getting railroaded with this "small town mafia" in the local government. What can I do to get this case before a jury, and ensure that Probate Judge doesn't have any access to the jury pool? The Spec.Prob.Judge that was assigned total disregarded their current easement. Can I file complaint on her? There are many more details. Can I file complaint at State Attrny Gen office or Judicial Ethics?