stangkat_66
Junior Member
What is the name of your state (only U.S. law)? Michigan
We bought some property a few years back that had an existing easement for ingress/egress along the one whole side of the property and along the back. This easement is primarily for access to another couples hunting property and passes over ours, and two other private properties. We recently listed our property for sale and have had nothing but problems with this couple. To start off with a little background on the property, its just under 3 acres, and when we bought it, there was two posts and an old cable that hung between across this easement road. A couple years back, without our consent, this man decided he was going to construct this massive gate where this cable was. He kept it locked all the time and had a lockbox with a key so the other property owners could gain access. Well, at first we didnt say anything about this new gate because we were somewhat younger and didnt really know what ours, nor his rights were, and also the fact that he was a family friend. To get into the current issues, when we listed this property, our real estate agent posted a for sale sign on this gate, needless to say, it disappeared. She called us and asked if we had taken it down, we said no. She posted yet another sign, and this one disappeared as well. Come to find out, it was these same people. The woman is also a real estate agent and they claim that they thought it was all a joke from friends but then also told our agent that if another sign goes up on their gate on their property, we were gonna pay. Sounds a bit like a threat to me. With all this I decided to write them a letter stating that this property is NOT theirs and all they have the right to do is drive back to their property and back out. That is it. I also told them that we wanted the gate removed. I sent the letter certified and they recieved it a few days later. I got a phone call while I was at work from the man who was very ignorant and started yelling at me and said that the gate will not be coming down. He then threatened to call in the DEQ about a "mess" that we had at our property (which I took upon myself to call DEQ in to clear us) In the letter I sent them I also said that I wanted the gate left open and unlocked until the gate was removed (which I gave them 30 days to do). I ended up getting a letter from them a few days later telling me that they were not taking the gate down and wanted the lock returned to the gate (I took the lock as they were not following my instructions about keeping it open). I decided at this point that I would meet with an attorney to discuss all these happenings. He instructed me that I did not even have to give these people the time I did to remove it and that it did not matter how long it was present. He told me to go ahead and take it down immediately or that I could wait the rest of the 30 days we allowed. He also told me that they have absolutely no right to do anything to this property except for the needed upkeep which we were not required to do. The 30 days went by and the gate was still standing, we actually let it ride out for 38 days then we cut the gate down. Since this he has been repeatedly putting up new posts and blocking the road over and over again. I dont want to have to contact this same attorney again unless this ends up in court as he has been very gracious to charge me next to nothing up to this point for all his help. I want to know if we can get these people on some sort of a harrassment charge, or even have the easement revoked because of an overburden. They keep moving or for sale sign from where we put it further over on our property, and it is just getting to be too much. How much is too much?What is the name of your state (only U.S. law)?
We bought some property a few years back that had an existing easement for ingress/egress along the one whole side of the property and along the back. This easement is primarily for access to another couples hunting property and passes over ours, and two other private properties. We recently listed our property for sale and have had nothing but problems with this couple. To start off with a little background on the property, its just under 3 acres, and when we bought it, there was two posts and an old cable that hung between across this easement road. A couple years back, without our consent, this man decided he was going to construct this massive gate where this cable was. He kept it locked all the time and had a lockbox with a key so the other property owners could gain access. Well, at first we didnt say anything about this new gate because we were somewhat younger and didnt really know what ours, nor his rights were, and also the fact that he was a family friend. To get into the current issues, when we listed this property, our real estate agent posted a for sale sign on this gate, needless to say, it disappeared. She called us and asked if we had taken it down, we said no. She posted yet another sign, and this one disappeared as well. Come to find out, it was these same people. The woman is also a real estate agent and they claim that they thought it was all a joke from friends but then also told our agent that if another sign goes up on their gate on their property, we were gonna pay. Sounds a bit like a threat to me. With all this I decided to write them a letter stating that this property is NOT theirs and all they have the right to do is drive back to their property and back out. That is it. I also told them that we wanted the gate removed. I sent the letter certified and they recieved it a few days later. I got a phone call while I was at work from the man who was very ignorant and started yelling at me and said that the gate will not be coming down. He then threatened to call in the DEQ about a "mess" that we had at our property (which I took upon myself to call DEQ in to clear us) In the letter I sent them I also said that I wanted the gate left open and unlocked until the gate was removed (which I gave them 30 days to do). I ended up getting a letter from them a few days later telling me that they were not taking the gate down and wanted the lock returned to the gate (I took the lock as they were not following my instructions about keeping it open). I decided at this point that I would meet with an attorney to discuss all these happenings. He instructed me that I did not even have to give these people the time I did to remove it and that it did not matter how long it was present. He told me to go ahead and take it down immediately or that I could wait the rest of the 30 days we allowed. He also told me that they have absolutely no right to do anything to this property except for the needed upkeep which we were not required to do. The 30 days went by and the gate was still standing, we actually let it ride out for 38 days then we cut the gate down. Since this he has been repeatedly putting up new posts and blocking the road over and over again. I dont want to have to contact this same attorney again unless this ends up in court as he has been very gracious to charge me next to nothing up to this point for all his help. I want to know if we can get these people on some sort of a harrassment charge, or even have the easement revoked because of an overburden. They keep moving or for sale sign from where we put it further over on our property, and it is just getting to be too much. How much is too much?What is the name of your state (only U.S. law)?