blocking my easement

[TigerD]

I looked and I can not find a code enforcement officer.
She wants us arested if we use the easement.

You only have the rights that you are prepared to defend. If you choose to not hire an attorney and fight, then you lose. If you cannot afford to hire an attorney or figure out how to pay one, then you lose your rights.

It sucks. But that is the bottom line.

DC

 

[154NH773]

She wants us arested if we use the easement.

I think you will find that the police will not arrest you for using the easement. They will view it as a civil matter.
If you are sure you have the right to use the easement, backed up by filed deeds, then keep using it and let the other side take you to court. If you are unable to adaquately defend yourself in court, you should get a lawyer. You can ask for costs and fees if you win, but the court may not grant them.

They are bluffing and bulling you. You can either let them, of fight them (in court).

 

[drewguy]

The tree people are filing togather, we just do not have the money now and the other people decided to rent the house till the current suit is settled.

I'll ask it again since you didn't say one way or the other--do you have title insurance and have you called them? If you do they may well defend your claim to protect the title. That's what title insurance is for.

 

[blocked]

When the property was purchased there was a warrenty deed

 

[blocked]

I asked and no title ins. But had the neighbor from her other property look us up because a fence was removed and the replacement was built a foot into his property. She also files false reports on him as well as us. Any one who opposes her gets a law suit. She does it with out an att. and caused every one else to incure legal fees. Now it at about 2 dozen people being messed with. Causing the city to spend money on defense. How do you stop someone who apears to be mentally ill?

 

[blocked]

saw the document she claimes proves no easement. It showes I own the land instead of a easement. (it was later changed back to an easement) I was told that she is reapplying for a fence permit to block my easement. The city will grant it with the statement that she is not to block easements. She was told this last time and built a fence any way, this is still in litigation costing the people involved well over $8,000 already and she has called the police 8 or 10 times in the last couple of weeks. Mostly for people being on their own yards or driveways. The police have told us that if we take down a fence we will be charged with destruction of property because it cost her to put it up even if no damage is dome to the materials. The city states that once the permit is issued they are done and if she did not comply it is up to the homeowners to go to circut court. Is there a letter or something that will help t put her ion notice to not conssruct fence or just wait and fight in court like the other people have been forced to do. By the way she built a fence on her neighbors land at her residence recently and now he is told to go to court. She has been really good for the att/ in my area!

 

[justalayman]

if you are willing to be subject to arrest, there are some actions that will force a lot of issues.
If not, then you really need the attorney. You seem to be losing the battle following the current path.

 

[blocked]

we are going to meetings to stop the permit. If she starts constuction what will happen if we park in the way and stop her workers. What will we be charged with? and most charges will be municipal and a judge from curcit court will have to decide the easement rights. She likes to ask for appeals and delays but never follows thru she does this to delay things to make people rearrage scheduels and take time off work( she does not have a job other than to harass people. She has filed complaints against the police so that now no one can touch her.

 

[justalayman]

. If she starts constuction what will happen if we park in the way and stop her workers. What will we be charged with?

if she has a permit and based on what you have said so far, I would suggest the police would order you to move or be subject to arrest. If she does not have a permit, not really sure but unless the police want to involve themselves even more, I would think they would refuse to do much of anything.

Obviously if she starts building without a permit, you need to contact the building office immediately and ask they issue a stop order.

 

[blocked]

If the 5 most current document regarding the properties decribe the easement (3 are hers, the most current is a survey she had done in DEC. 2009) Would granting a permit for a fence to be built across my leagally described easement be a violation of my fith or 14th amendment rights "with out due proccess of law"?

 

[justalayman]

no. when they grant a permit, they almost always state something such as they do not vouch for the legality of the location, or such. All they are doing is issuing a permit and making sure any requirements for building a fence are followed.

It is up to the installer to be sure they are placing it in a legal location.

 

[blocked]

Should a permit be isued for a section of fence that is knowingly being placed in a leagally described easement? One section is already ordered to be removed by a judge and contempt papers are being filed.

 

[justalayman]

Should a permit be isued for a section of fence that is knowingly being placed in a leagally described easement? One section is already ordered to be removed by a judge and contempt papers are being filed.

it shouldn't be but the issuer of permits does not even attempt to make that call. It is up to the involved parties to settle that and the issuing of the permit does not imply the location is in fact legal. The building department is not going to research this for anybody.

 

[blocked]

Because of the issues being rased about property rights the permit must be aproved by a board I believe it will be the board of zonning and appeals. The safety committee has allready denied it once. Once a permit is issued no one will inforce it even if in violation of the terms.

 

[blocked]

The City has given me 60 days to file in cuircut court or a fence can be built across my easement. Unfair! she did not have to file to buiild it only me to stop it. But need to know what papers I should file first. May have to at least start the process myself. Does not need to be decided before 60 days only filed.