blocking my easement

[blocked]

By the way the city did research for her and sounded like they spoke on her behalf.

 

[154NH773]

Your uncertainty about what to do make it clear that you are unprepared to litigate this issue yourself. You should definitely get a lawyer as soon as possible. Believe me, it is a difficult and time consuming task to do this type of litigation, and the courts do not look favorably on "pro se" (doing it yourself) litigants.
The issues, due to the many documents you have cited, can get complicated, and the prevailing law may be contained in obscure case citations that you probably cannot access easily.
If you get a lawyer, there is a slight chance that if you prevail you might collect your legal fees.

 

[blocked]

I am getting the abstract looked at by a title expert to make sure the title is clear. She got the permit but has not built the fence. How long do I have to file ,after the fence is built, before she cam make some kind of claim of adverse or abandonment? Does the fence start some kind of time frame to file? Is someting I can submit to show my intent but wait untill I am ready financially.

 

[justalayman]

at least 10 years.

 

[nextwife]

Have YOU researched your title and obtained a copy of whatever document established the easement? Have you reviewed your easement docs to know exactly what it says and whether it was granted in perpetuity, or granted with any limits? I am in WI, and have read easements that had an "end" date, and were temporary.

 

[blocked]

Yes I have the abstract. the easement is recorded in every transfere as ownership or as an easement. i have had 2 friends look at it, one a title expert, one an att. both say it transfered. i am having it looked at now through an att.

 

[blocked]

Can an easement be taken away after 20 years by advers poss.

 

[justalayman]

Can an easement be taken away after 20 years by advers poss.

who are you believing the person adversely possessing the easement? If you mean by the servient tenant; no. Since they already own the land the cannot adversely possess the property.

If some other party; explain what you are thinking of.

 

[blocked]

justalayman, sorry the person who owns the land that the easement is on wants to put up a fence(advers poss) to keep us off, stating that if i do not take her to court I give up my rights to the easement(abandonment). I do not use it as my primary drive now. She is continuing to try to file false charges against me. (Just heard some was was interviewed about slander by the police) Want to just stay away from her and hope she looses interest soon.

 

[blocked]

Well a portion of a fence was built 10 inches away from my fence across my easement. I can not aford to go to court now. Is there a time limit in which I will have to file to have the fence removed? Right now I would like to try to stay away from the person. The property owner was hiding behind tree branches video taping me while I was working in my yard and was looking in windows at another persons house.

 

[justalayman]

well, the video taping is quite likely legal but the peeking in windows surely isn't. A call to the police to report that would be appropriate if you care to.

as to how soon you must do something, that is something more for the courts to decide and it isn't clear what they might decide. Here is an excerpt from a Wisconsin case concerning the abandonment of an easement:

d. Nonuse. Conduct from which an intention to abandon an easement may be inferred may consist in a failure to make the use authorized. Nonuse does not of itself produce an abandonment no matter how long continued. It but evidences the necessary intention. Its effectiveness as evidence is dependent upon the circumstances. Under some circumstances a relatively short period of nonuse may be sufficient to give rise to the necessary inference; under other circumstances a relatively long period may be insufficient. The duration of the period of nonuse, though never conclusive as to the intention to abandon, is ordinarily admissible for the purpose of showing intention in that regard. .

In other words, they are saying "it depends"

so, what I would do if you do not want to actually fight this at the time would be to use the easement up to the fence. Even if that means only driving down the lane, turning around, and driving back. Kind of hard to argue abandonment when there are tire ruts in the ground.

since you do not want to confront the person at them moment, not much else you can do. If it were me, I would move the fence (without actually damaging anything) and use the easement. She would either call the police or sue you. If the police come, they have the option of not getting involved or do something. If they are smart, they will stay out of it. If they agree with the other person, they might cite or even arrest the offender. The charge should be easily defeated by proving the right to use that land. In fact, it is she that is acting illegally (although hard to put a criminal charge on it).

If she sues you, then you will have your day in court.

 

[blocked]

I am so fed up! I have attended several meetings and showed the building inspector the city codes. The counsil will agree the these things should not be done in violation of city code yet He will issue the permits and than after she pressures him for a couple of days he will grant variances to all the things discused and denied on the original permit. The variances and changes are affecting my property values and the harrassment now fells like it is comming fron the city planners office. The property owner has been cited several times for violations of city code. every time there is an acception made for her. I was told the city has spent $16,000 in att. fees because of false accusations against the city. Now it is "let her do as she wants or it will cost us money- it's not that big of a violation we are not going to inforce city code" I am thinking about reqesting all citations , permits, variances and comunication regarding violation of city code and failer to abate. Will I be wasting my time? What recourse do I have to get the city planner to do his job and enforce codes, have her build the proper fences, and to clean up her property.

 

[FarmerJ]

Start by learning what the proccess involves to get a variance granted so you can figure out if they are following the law or not , then use facts to start pressuring your city council members and remind each and everyone of them that if they do not enforce city ords that they can be voted out and make it clear you will contact a local tv station consumer affairs desk. If nothing else run for city council your self , I know money is hard for local govts these days but if she applies for variances and does what she wants any way even after denials then the city has every right to enforce ords , possibly fine and take non compliant owners to court. One thing too perhaps its time to also suggest to city council members to speak with the city atty about what they would have to do to increase fines.

 

[blocked]

I was gone this week and returned to find the land owner building a wood fence next to my chain link. The rebar stake used to mark the line is not plumb so one of the teminal post for the fence is very close to the line. After they left I went to look and she has removed all the hardware from the post and some of the wires on the line post. I intend to call the police in the A.M. and took photos tonight. She has been found guilty of tresspassing and told to stay off my land. Also at all the meetings I attended she was told not to attach or remove the existing fences which was recorded and I have copies of. MY problem is when the police show up they either do nothing and call it a civil suit or say they will send it to the DA as a posible violation of the restraining order against her which it won't be. I feel afraid in my own home. How do I get the police to charge her.

 

[justalayman]

the police do not determine if a person is charged or not. Whatever they would ticket or arrest a person for must go to the DA to determine if they will actually press charges.

So, given the situation, it would appear they don't want to get caught in the middle so they write a report and forward it to the DA. I would contact the DA and speak with them about the situation.