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Right of Way

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T

trinitie

Guest
What is the name of your state? Vermont

Last year our neighbors filed to try to take away our acess to our land by denial of the pre existing right of way. Just recently the court ruled that we have all rights to the right of way. This was the NOTICE OF DECISION.
"We therefore expect to enter a judgement, suitable for recording, declaring that the lane in question, 30 feet in width, remains an easement appurtenant to the lands of ***"

They did file for reconcideration but the motion was denied. When the ruling was first made we called the police to let them know that we planned to go clean up the right of way, because in the past this man has suggested that he might cause us harm for doing so. We also called the neighbor to let them know we would be coming down to clean it up a bit. At this time a police officer did come down to speak with the neighbor ( at her request to keep us off the right of way not our request for awareness ). The neighbors wife told the cop that the hearing had not happened yet, but we showed the police officer the ruling and the officer agreed that it is in our rights to maintain that right of way and use it however we need to. The neighbors resonce to the officer was " your not a lawyer how do you know?"

Since that time they have begun to tell power workers who are clearing the power lines that run though our property ( not on the right of way mind you, and no where near to his property line ) that they are about ready to kill someone. They have also written to the power company saying that no ruling has been made to try and deny the power company access to the right of way, to stop us from running power. The police are refusing to become involved even though the man is threatening our family.

Do we have any legal way to make these neighbors not only stop denying our right to access our land, let alone stop him from threatening our lives.

Also our lawer seems to be trying to draw this whole thing out. He hasnt done any of the research for this case. We think that he is perhaps more harmfull to us than helpfull. But we were told that it is not a good idea to switch lawers after the case has been won. anybody know why?
 
Last edited:


Ciarraine

Member
trinitie said:
What is the name of your state? Vermont

Last year our neighbors filed to try to take away our acess to our land by denial of the pre existing right of way. Just recently the court ruled that we have all rights to the right of way. This was the NOTICE OF DECISION.
"We therefore expect to enter a judgement, suitable for recording, declaring that the lane in question, 30 feet in width, remains an easement appurtenant to the lands of ***"

They did file for reconcideration but the motion was denied. When the ruling was first made we called the police to let them know that we planned to go clean up the right of way, because in the past this man has suggested that he might cause us harm for doing so. We also called the neighbor to let them know we would be coming down to clean it up a bit. At this time a police officer did come down to speak with the neighbor ( at her request to keep us off the right of way not our request for awareness ). The neighbors wife told the cop that the hearing had not happened yet, but we showed the police officer the ruling and the officer agreed that it is in our rights to maintain that right of way and use it however we need to. The neighbors resonce to the officer was " your not a lawyer how do you know?"

Since that time they have begun to tell power workers who are clearing the power lines that run though our property ( not on the right of way mind you, and no where near to his property line ) that they are about ready to kill someone. They have also written to the power company saying that no ruling has been made to try and deny the power company access to the right of way, to stop us from running power. The police are refusing to become involved even though the man is threatening our family.

Do we have any legal way to make these neighbors not only stop denying our right to access our land, let alone stop him from threatening our lives.

Also our lawer seems to be trying to draw this whole thing out. He hasnt done any of the research for this case. We think that he is perhaps more harmfull to us than helpfull. But we were told that it is not a good idea to switch lawers after the case has been won. anybody know why?
Yes. Your sheriff's department will enforce the judge's order. If the denial of your R-O-W persists you could litigate for damages. The pocketbook is a great place to strike back.

If they are threatening your safety, get the police involved and get a restraining order.
 
T

trinitie

Guest
It might come down to that. Its definatly already drained our pocketbook to simply defend what we already had.
When we speak to the police they try to tell us that they dont get involved in civil matters. That just doesnt make any sense to me. What is the job of the police if it is not to protect civilization from such things as this?
 

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