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If your selling..... ignore everyone's advice here. Do not create a paper trail that new buyers will see. People dont buy houses which are currently in legal fights. Not to mention banks will not issue a mortgage on a property that is in current litigation.
Just sell it and forget it.
That is pretty close to absurd. Violate the disclosure laws in every state.
OP can sell the land with the problem but it absolutely has to be disclosed.
And the buyer(s) would certainly pick it up down the road.
No. The easement is still there, just as its always been. Nothing has changed in regards to the legal description of the property or legal description of the easement. Its still 50 feet, no matter what he plants. Fighting this guy is a personal choice.
No. The easement is still there, just as its always been. Nothing has changed in regards to the legal description of the property or legal description of the easement. Its still 50 feet, no matter what he plants. Fighting this guy is a personal choice.
It has been encroached upon with items that block its use. That needs to be disclosed. And the mere existence of a dispute about the width and the loss of the drainage ditch are all things requiring disclosure.
It is not optional. OP will undoubtedly end up getting sued if he does not.
It has been encroached upon with items that block its use. That needs to be disclosed. And the mere existence of a dispute about the width and the loss of the drainage ditch are all things requiring disclosure.
It is not optional. OP will undoubtedly end up getting sued if he does not.
Exactly. The advice to do nothing and sell it without disclosing is guaranteed to get the OP in trouble if they were so foolish as to follow it.
It has been encroached upon with items that block its use. That needs to be disclosed. And the mere existence of a dispute about the width and the loss of the drainage ditch are all things requiring disclosure.
I don't see any mention of a survey or stakes showing the easement. Who is to say "for sure" the easement is being encroached upon? Its possible the 50 foot easement goes the other direction. Without a surveyor, anything is possible and its pure speculation there is any encroachment. One thing I've learned from property disputes is people are very wrong on a regular basis of where property lines are until its properly surveyed and staked.
No one has seeked professional advice of a lawyer, surveyor, etc, anything. Its all speculation at this point.
Last edited by 399083453; 12-14-2014 at 10:38 PM..
As Rabbrita stated I would consult a lawyer, get all your ducks in a row as far as property lines, easement rights and legalities then approach them nicely. They simply may have no idea that they are bound to give x amount of space for easement due to easement laws and land contract. Or they may be fully aware what they are going is illegal. You can always take the bulldozer approach if they are flat out going to be butt heads about the issue.
As Rabbrita stated I would consult a lawyer, get all your ducks in a row as far as property lines, easement rights and legalities then approach them nicely.
They already stated they are selling. Spending a minimum of $4,000 on fees to lawyers, surveyors, etc really makes no sense at this point. There are other owners who also use this easement. Long term, all the easement owners need to work together financially to figure this out.
I don't see any mention of a survey or stakes showing the easement. Who is to say "for sure" the easement is being encroached upon? Its possible the 50 foot easement goes the other direction. Without a surveyor, anything is possible and its pure speculation there is any encroachment. One thing I've learned from property disputes is people are very wrong on a regular basis of where property lines are until its properly surveyed and staked.
No one has seeked professional advice of a lawyer, surveyor, etc, anything. Its all speculation at this point.
While it appears to be true that there are not survey sticks in place at this time, when an easement specifically mentions a road and drainage ditches on both sides of the road, it should be pretty obvious that someone filling in one of the drainage ditches and planting trees in that area is not following the easement. Remember that the road and drainage ditches were already built and presumably a surveyor and engineers put the road and ditches in the correct place on the easement. This is not an open field or acres of empty land which has never been surveyed and people have no idea where the easement actually is.
I still can't believe that the owners with flooded land and washed out driveways (due to the filled in drainage ditch) did not immediately get others (attorney, the court system, DNR, someone with jurisdiction) involved. IMHO, the longer people wait the more entrenched and obstinate the other person will become that "the rules do not apply to them" and they can do whatever they want to do.
Last edited by germaine2626; 12-15-2014 at 08:19 AM..
While it appears to be true that there are not survey sticks in place at this time, when an easement specifically mentions a road and drainage ditches on both sides of the road, it should be pretty obvious that someone filling in one of the drainage ditches and planting trees in that area is not following the easement. Remember that the road and drainage ditches were already built and presumably a surveyor and engineers put the road and ditches in the correct place on the easement. This is not an open field or acres of empty land which has never been surveyed and people have no idea where the easement actually is.
I still can't believe that the owners with flooded land and washed out driveways (due to the filled in drainage ditch) did not immediately get others (attorney, the court system, DNR, someone with jurisdiction) involved. IMHO, the longer people wait the more entrenched and obstinate the other person will become that "the rules do not apply to them" and they can do whatever they want to do.
Yeah, what did happen with these other owners?
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