easement problem

[longsally111]

What is the name of your state? South Carolina
This is being posted for a friend at work. She has property she purchased 2 years ago. The fence was already there and had been for about 50 years. Now, an out of state man is stating that she remove a gate on the fence so he can drive through ( his easement) he states.
Number one, the gate does not belong to her, it is on the neighbors property, number two, the gate is not locked, number three, he took spray paint, put in on the road and put stakes in the ground and painted them stating that this was his property line for the easement. This man is not a surveyer by any means.
He has sent a certified letter to her stating that the gate be removed. She also stated that she has another certified letter waiting for her at the post office. What can she do? The entire ER is waiting to read everyones advice!!!!!!!!!!

 

[JETX]

What can she do?

Her options are very simple:
1) Comply with his 'demands', or
2) Ignore them.

If she complies without confirming his statements on her own (or without him providing support - surveys, plats, easements, etc.), then she loses.
If she ignores, then his next step would have to be to file a lawsuit..... at that point, she can then get her OWN validation (or denial) of his claims and decide to defend herself against the claim.... or comply.

If you want us to provide you with a legal resolution... have her post her survey, copy of deed, copy of county plat, etc. and we will look at them.

 

[lwpat]

Why not just send him a letter stating that the gate is not on her property? Does the claimed easement cross her property? If so she needs to request that he provide verification for his claim.

 

[longsally111]

response

My Co-worker sent him a certified letter asking him for proof in the way of legal documents, plans, etc that his easement is correctly marked. Then she told him that his whole issue is that the gate is locked which it is not. Then, she asked him for proof that the fence in question is actually on her property. She is waiting for his response.