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Old 09-15-2014, 02:52 PM
 
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Attorney needs to assess the situation and help define what an "easement" can be used for.

Typically an easement is for a specific use, such as utilities or access to a piece of property. I've never heard of an easement for giving horseback riding lessons. But who knows.

Have the attorney look at the lease as well. Surely, you have the right to increase the rent. Or did you sign an agreement that you have to renew the lease into eternity at this same rate.

I'd be seriously thinking of upping the rent to cover all the bother your tenants are.
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Old 09-15-2014, 02:54 PM
 
3,029 posts, read 7,717,259 times
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Quote:
Originally Posted by cully View Post
You've got to find a solution because this guy is the type who'll claim adverse possession and squeeze you out somehow.
Successful adverse possession cases are quite rare. And they are expensive to fight for all parties involved.

I'd write a certified letter telling him of his trespass and demand that he cease and desist use of your property immediately. Then, perhaps a small claims lawsuit is a good second step. Get witnesses who will testify as to what's happening who can appear in court with you. In lieu of that, a good real estate lawyer who will write a stern letter is another option.
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Old 09-15-2014, 05:08 PM
 
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Stranger things have happened. I know too many people who get entangled in this. It's so extremely stressful whether their land is actually taken or not, that it may as well be taken. I know one case where an easement was granted, and that guy then granted a right of way on his easement to the water company who then took down a wooded area 40' wide and did construction for a long way in. So...not much woods around the owner's home now.

I know a woman with cancer trying to keep reallll calm for her health. And these guys are trying to bulldoze her. Literally..well some of her property. And another guy not fully recovered from a stroke. etc etc.

Give some of these characters an inch and they'll take a mile saying they need this mile to accomplish what they need to do on that inch.

So this guy has the easement. (open possession). And now he has a riding school of some sort there open to those he teaches and it might be anyone can come and ask to be taught or accompany a student (open to the world), continuous, uninterrupted, solo physical occupancy (exclusive), in opposition to the owner's desires (could be hostile)

The guy could be working on it. 20 years in Md. Seems like he's ticking the boxes. Looks like he has time.
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