Sota 1,191 Posted September 10, 2020 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. Quote Share this post Link to post Share on other sites
Displaced Texan 11,748 Posted September 10, 2020 Donated. Kick some ass. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 10, 2020 @Displaced Texan Very much appreciated, Thank you! Quote Share this post Link to post Share on other sites
Displaced Texan 11,748 Posted September 11, 2020 1 hour ago, Sota said: @Displaced Texan Very much appreciated, Thank you! You’re welcome. As a landowner, it would seriously piss me off if my tenant did something like that. Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted September 11, 2020 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. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 11, 2020 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. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 11, 2020 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. Quote Share this post Link to post Share on other sites
fishnut 2,358 Posted September 11, 2020 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! Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 11, 2020 I can't get a cease and desist without an order to show cause, and that's apparently even more $$$ to file, as that requires "experts" to "testify". I will bring it up again with the attorney. Quote Share this post Link to post Share on other sites
YankeeSC 1,204 Posted September 11, 2020 Berkeley Heights is ok with everything the neighbor is doing? Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 11, 2020 Berkeley Heights effectively doesn't give a shit. I've called multiple times over the past month+, and have gotten no return calls and no satisfaction. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 11, 2020 updated the gofundme with lawyer info, if people feel the need to follow the "trust but verify" mantra... which I totally understand. Quote Share this post Link to post Share on other sites
1LtCAP 4,263 Posted September 12, 2020 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 Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 12, 2020 I'm not a member of most/any of those groups, so if others wouldn't mind spreading it, I'd appreciate it. Quote Share this post Link to post Share on other sites
SW9racer 262 Posted September 12, 2020 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! Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 12, 2020 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. Quote Share this post Link to post Share on other sites
brucin 923 Posted September 12, 2020 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. 2 1 Quote Share this post Link to post Share on other sites
Displaced Texan 11,748 Posted September 12, 2020 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 Quote Share this post Link to post Share on other sites
InFamous 311 Posted September 13, 2020 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/ 1 Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 13, 2020 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. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 13, 2020 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. Quote Share this post Link to post Share on other sites
brucin 923 Posted September 13, 2020 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. Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted September 13, 2020 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. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 14, 2020 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. Quote Share this post Link to post Share on other sites
MB24 37 Posted September 15, 2020 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. Quote Share this post Link to post Share on other sites
10X 3,298 Posted September 15, 2020 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. Quote Share this post Link to post Share on other sites
Handyman 5,682 Posted September 15, 2020 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. Quote Share this post Link to post Share on other sites
ChrisJM981 924 Posted September 16, 2020 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. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 25, 2020 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. And thank you very much for your donation, Chris. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted September 26, 2020 update on the gofundme page. Quote Share this post Link to post Share on other sites