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Sota

Asking for your support: land (ab)use legal defense fund

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https://www.gofundme.com/f/land-useabuse-defense-fund?utm_source=customer&utm_medium=copy_link&utm_campaign=p_cf+share-flow-1

It has come to the point where unfortunately expensive lawyers have to get involved to stop my neighbor from abusing the easement.

Please read, and ask me ANY questions you may like.

Any support will be greatly appreciated.

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36 minutes ago, Malsua said:

Seems to me you should be able to make a different entrance towards his place and terminate the easement.  Then put up a concrete wall to keep his water on his side.

Good luck.

 

 

Sadly, the terrain doesn't support doing that really.

Plus it would require him to do it on his property, and him initiating the termination of the easement.

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If anyone has any suggestions on how to get this in front of more people, I'd appreciate it.

I'm not big on social media... hell I don't even really use any of it except to browse for things to buy mostly, so I don't have a "presence" out there.

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Have you talked with any of your other neighbors? Maybe they would be willing to help. Also have you had a lawyer send a cease and desist letter? I went through something this spring with a developer accessing his property to be developed by driving over my property. After a bunch of back and fourth with him I ended up having to higher a lawyer to send over a cease and desist letter. Cost me about 350 bucks and my neighbor offered to kick in some money. So far he has not come back through my property. Good luck man!

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On 9/10/2020 at 10:32 PM, Sota said:

If anyone has any suggestions on how to get this in front of more people, I'd appreciate it.

I'm not big on social media... hell I don't even really use any of it except to browse for things to buy mostly, so I don't have a "presence" out there.

i know most of you here hate farcebook....but put it out in the 2a communities on farcebook

 

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7 hours ago, SW9racer said:

Was the easement in place when you bought your property, or were you the one who granted it?

look into law schools, lots of them take cases for free, it will be law students under supervision but they are super eager for their first win!

The easement was created in 1951.
It wasn't actually used until 1978, when my house was built.
I've owned my house since early 2001.
The current owner of the other house bought it in 2014.
 

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Since the easement is on your property what's to stop you from having a shipping container dropped in place partially blocking the easement?

I can be a world class douche if someone pisses me off.

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11 minutes ago, brucin said:

Since the easement is on your property what's to stop you from having a shipping container dropped in place partially blocking the easement?

I can be a world class douche if someone pisses me off.

Hell of an idea 

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I was searching some stuff to try and help. But according to this law office easements don't transfer to the new owners of the property depending on the easement.  IDK if this applies to your case, just putting it out there. 

https://macomberlaw.com/land-use-and-zoning/when-property-is-sold-do-easements-transfer-to-the-new-owners/

 

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11 hours ago, brucin said:

Since the easement is on your property what's to stop you from having a shipping container dropped in place partially blocking the easement?

I can be a world class douche if someone pisses me off.

 

11 hours ago, Displaced Texan said:

Hell of an idea 

you are not allowed to block an easement like that, especially in the case of an ingress/egress easement.

ironically, if he does manage to somehow legally prevail in doing his plan, I *CAN* park on the easement permanently, as it would be wide enough to not obstruct their travel on/off their property.  already have 2 shitcan vehicles I can park there. :D

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9 hours ago, InFamous said:

I was searching some stuff to try and help. But according to this law office easements don't transfer to the new owners of the property depending on the easement.  IDK if this applies to your case, just putting it out there. 

https://macomberlaw.com/land-use-and-zoning/when-property-is-sold-do-easements-transfer-to-the-new-owners/

 

the one on my property is an Easements Appurtenant class.

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8 hours ago, Sota said:

you are not allowed to block an easement like that, especially in the case of an ingress/egress easement.

Sorry I should have been clearer. I was suggesting you put something on either side of the easement so it can't be made wider. Something extremely difficult to move. Shipping container or those large concrete blocks they use at material sellers to separate different stone and mulch.

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2 hours ago, brucin said:

Sorry I should have been clearer. I was suggesting you put something on either side of the easement so it can't be made wider. Something extremely difficult to move. Shipping container or those large concrete blocks they use at material sellers to separate different stone and mulch.

Yeah, some 5,000lb material bin blocks.   Need a pretty big hoe or loader to lift 'em.

 

 

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need a pretty big hoe to get them in place too.

plus that would be a bad idea; the side of the easement is a county road, and between 2' and 8' above road surface. it would be really bad if one of those fell over into the road.

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I'm confused. The easement is on your property yet he plans on modifying it? He plans on taking adverse possession. My understanding with adverse possession, and I could be wrong,  is he would need to occupy and pay the taxes on the property in question without your permission for a certain number of years.

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34 minutes ago, MB24 said:

I'm confused. The easement is on your property yet he plans on modifying it? He plans on taking adverse possession. My understanding with adverse possession, and I could be wrong,  is he would need to occupy and pay the taxes on the property in question without your permission for a certain number of years.

I could also be wrong, but I thought occupying/using the property without your permission for a certain number of years would suffice.  I don't know what that certain number would be, but it's more than a few.   

I'd not heard of a requirement to also pay taxes on it...I'm not sure how that could happen prior to an actual transfer of the property. 

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4 hours ago, 10X said:

I could also be wrong, but I thought occupying/using the property without your permission for a certain number of years would suffice.  I don't know what that certain number would be, but it's more than a few.   

NJ it's something like 60 years. I know because I have designs on a piece of property. 

Sink a couple bollards, run strong cable between them. 

 

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3 hours ago, Handyman said:

NJ it's something like 60 years. I know because I have designs on a piece of property. 

Sink a couple bollards, run strong cable between them. 

 

I think it depends on rhe usage. I'm dealing with something similar. I donated a few days ago. I hope you can get a competent attorney. Keep us posted, as I might need one from Morris County as well. 

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I would say, this guy is competent.

As of right now, my guy has P.E. writing a report to put a stop to any of the dipshit's ideas.  He also finally got the town zoning moron off his fat ass and into action.  While I couldn't hear the conversations, the animated activities of my opponent indicated to me he wasn't liking what he was hearing ,which is good news for me. :D

And thank you very much for your donation, Chris.

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