Easement update - happy report???

Catty · #1 07/08/06, 08:23 PM

Remember the road guy who wanted us to pay half for a fancy gate or we were going to have to build our own road?
I felt since I got so mad about the situation in the beginning, I should let everyone who was so helpful know that things may not be as bad as they seemed at first. I would like to report that the new guy has spoken with my husband and offered (without us saying anything other than "we can't afford it") to give us a "clicker" to use to get in and out of the gate and use his road until we feel it is necessary to get our own road put in - we just wouldn't be able to buzz people in from the house. With luck, maybe there can be a happy situation here after all. I am finding it difficult to trust anyone until I see the evidence after all we have been through with this place, but I am holding on to hope that things might just be okay. Notice I say "may" and "might" and "maybe". Maybe he's a nice guy, or maybe it was everyone's prayers, or maybe we'll find out the "catch" later. I am learning.

Mike in Ohio · #2 07/08/06, 09:47 PM

Get the agreement in writing. This protects both parties from misunderstandings or later changes of heart.

As usual, just my 2 cents.

Mike

rambler · #3 07/08/06, 11:48 PM

I'm glad things are sounding like they are working out with good feelings on both sides.

However, you still talk about this new road the neighbor built, which is replacing your old easement, and 'someday' you will build your own road.

That leaves three different possible accesses to your property - yet at the beginning you said your property was land-locked & you needed this one easement to get to your property.

I'm not sure what you are giving up, & what you are gaining, _legally_. It sounds like you are trading a legally recognised easement for a little clicker gismo with no standing in court. That might not be in your best interest.

But, your description so far of the situation has confused me.

I have no idea what the 'your road of the future' is - if it starts on a public road and directly to your property then your property never was land-locked and you mislead us; if it goes across someone else's property then you never really said you had an easement (a second one?) to use the 'other new road you will build.....'

Anyhow, glad it seems to be working out to make you happy.

--->Paul

ninny · #4 07/09/06, 09:03 AM

If the gate breaks, and it will, are you going to be responsible for part of the repairs since you are also using it???

You had better get some legal advice on this.

Kenneth in NC · #5 07/09/06, 10:19 AM

It sounds like YOU are accepting the "NEW" persons taking over your existing easement and in return you get "USE" of "HIS" road for a period of time (Might want to determine how long and get it in writing) You get "clicker" (for now). And as already asked are YOU now part responsible for gate maintenance?

Doesn't sound like a good deal to me

Might want to ask a lawyer.

Kenneth

Unregistered · #6 07/09/06, 10:36 AM

Catty, glad things are looking better for you. Please disregard some of the useful advise you are getting. You realize you are given a chance to build your own road while using your neighbors road. If pushed by you the neighbor can do as you once thought he would. He can legally stop you from crossing his land. Trying to force him to sign some easement will not be in your best interest.
The people giving advise are not contributing to your lawyers fund or a road fund either. They also do not know the law in Ms. Don't let these people cause you to spend a lot of money at a time you have other things you can better use the money for.
Good Luck

ninny · #7 07/09/06, 10:52 AM

Wasn't trying to "tell" anyone what to do, just making a suggestion.

May need to read a thread started by "pyrnad" about bad neighbors.

The road to hell is paved with good intentions.

I've been in the contracting business around 30 years and I know how these "little things" can turn into nightmares.

But that's just my opinion for what it's worth.

CraftyDiva · #8 07/09/06, 11:12 AM

Clicker or no clicker, see a lawyer. A little money spent now to find out your rights beats a lot of money spent down the road fighting for them.

Does excepting this clicker enter you into a verbal contract that you'll regret later?

Cygnet · #9 07/09/06, 11:17 AM

This guy may be nice, but what if he sells? I've seen some pretty big battles over easements even when they're legally recognized. Heck, I've even seen a court battle over a legally recognized county road.

Get it in writing. Notorized. Approved by a lawyer.

boonieman · #10 07/09/06, 11:30 AM

I wish I understood a little more about this situation. If the easement is physically recorded in the deedbook, and boundaries are included in the land survey, then it is where it is and there shouldn't be any question about it. If the deed (and the adjoining property deed) simply refers to an easement, or right of way, without any description of where it is etc, then to me it's a little more unclear. I am picturing a road coming up through the woods through the fancy-gate-neighbor-dudes 600 some acre place. At this point the road comes near Catty's place. Instead of immediately accessing Catty's place, the old road rambles up thru the woods a ways thru fancy-gates property but then eventually does turn and go into Catty's place. I think what the guy is saying is yes, he has to give a right-of-way to Catty. Once the road gets to Catty's property, is he obligated to let them continue to traverse even further thru his property??? Or can he say "You have access to your property way back yonder and that's all I'm legally required to do, allow access to your property. You need to put in your own road at that point and quit using mine because I'm building a house here and I don't want you driving thru what will be my front yard. However, I understand that will cause you some hardship right now, so I'm going to let you have a clicker for the gate until you build your own road." If this is the case, getting a gaggle of lawers involved at this point has the potential for backfiring. Just trying to look at it from another angle.

Unregistered · #11 07/09/06, 11:48 AM

Quote:

Originally Posted by Cygnet

This guy may be nice, but what if he sells? I've seen some pretty big battles over easements even when they're legally recognized. Heck, I've even seen a court battle over a legally recognized county road.

Get it in writing. Notorized. Approved by a lawyer.

That is the best reason to use the money and time to build a road on the recorded easement. The logging road in question was never a recorded easement. The easement was in a different area. The neighbor is giving them a chance to save the money and build their own road on the easement. He has no reason to give them access to his property. Trying to force him give access will force a court battle. One that he will win.
Why not thank him for his permission to use his road and save the money to build a road on the recorded easement.

Catty · #12 07/09/06, 02:22 PM

I believe, in the original thread, I clarified that I misunderstood what land-locked meant. We have the current logging road, which we were told "was ours to use" and we have an easement through another's property which is currently rough land and a little timber and a ditch - which will need to be turned into a road one day. I didn't deliberately mislead anyone and I later clarified that I didn't know what land-locked meant. We have an easement that is going to cost money to turn into a road. Remember our three choices? Money on lawyer, money on gate or money on road....any way you slice it, it comes up money out of our pockets. We are in accord with "unregisterd" in that we have decided to build our own road as soon as we can and in the meantime, use the gate and road through the other man's property as he offered. As we are surrounded by other people's land and there is no current road (let's say driveway as it's going to go from a main road to our house over both another's land and our own) to our house on our property, I thought we were land-locked. I am guilty of being naiive, but not a liar. The logging road goes from the main road, through the new neighbor's property and up to, but not on our property.

canfossi · #13 07/09/06, 02:28 PM

Yes see a lawyer and get it in writing. Chris

Catty · #14 07/09/06, 02:42 PM

I understand some of the confusion, I think. There are three owners involved here:
1) us
2) the new neighbor with the old logging road/new road with gate situation
3) a third owner not currently living out here that owns the property that we will have to go through to build a road (driveway) to the highway.
Does that help or make it worse?

boonieman · #15 07/09/06, 02:46 PM

Why do you all think they need a lawyer????

They have a legal easement which they currently aren't using, but that's where they want the road, or at least have to put it.

They are currently using a log road thru somebody elses property. They were told they could use this road, which apparently wasn't accurate nor legally binding.

The owner of the property they are now crossing says they can continue to do so until they get their road built.

So what exactly is a lawyer going to do? If I were the guy who's ground they were crossing, and they already had a legal easement to their property, and somebody who I was voluntarily letting temporarily cross my land stuck a legally binding document in my face with a bunch of lawer mumbo jumbo on it, I would A: Not sign it. B: Tell them they could no longer cross my property. Personally, I would leave well enough alone and spend precious dollars on a new road.

Unregistered · #16 07/09/06, 02:47 PM

Catty,
Some people do not read the entire posts before responding. That is the main reason the advice you recieve on forums may not be in your best interest.
Good Luck

rambler · #17 07/09/06, 10:51 PM

Quote:

Originally Posted by Catty

I believe, in the original thread, I clarified that I misunderstood what land-locked meant. We have the current logging road, which we were told "was ours to use" and we have an easement through another's property which is currently rough land and a little timber and a ditch - which will need to be turned into a road one day.

Sorry, I missed that explination in the other thread - thought I had followed it through.....

Thank you for clarifying it again.

Yup, then this new neighbor is being pretty nice with you, & sounds like things are going pretty well. Glad you got things figured out.

--->Paul

rambler · #18 07/09/06, 11:03 PM

Quote:

Originally Posted by boonieman

Why do you all think they need a lawyer????

They have a legal easement which they currently aren't using, but that's where they want the road, or at least have to put it.

They are currently using a log road thru somebody elses property. They were told they could use this road, which apparently wasn't accurate nor legally binding.

The owner of the property they are now crossing says they can continue to do so until they get their road built.

So what exactly is a lawyer going to do? If I were the guy who's ground they were crossing, and they already had a legal easement to their property, and somebody who I was voluntarily letting temporarily cross my land stuck a legally binding document in my face with a bunch of lawer mumbo jumbo on it, I would A: Not sign it. B: Tell them they could no longer cross my property. Personally, I would leave well enough alone and spend precious dollars on a new road.

For a very long time, the story was very different - we were told the only access to their property was through this logging road. She meant (I guess) it was the only easy way to drive there I guess, but did not for a long time mention the actual, legal easement elsewhere they have to their property that is undeveloped.

No harm done, but the story has changed quite a bit and difficult to keep up when there is such a big change in how things actually are. She was upset with this new neighbor who was taking over their only legal access - _that_ would be something to involve a lawyer real fast! However, it turns out now that is not the case, the new neighbor is fully in his rights, and appears to be a pretty nice fellow & allowing them to use the road even tho it is not a real easement.

The issue is not the loss of her legal easement, but her easy access to the property now. Totally different. Several of us were trying to help back when we only knew the incorrect version. I asked several times that things just were not adding up; I guess it finally got figured out properly but by then I figured I was more in the way then a help so never saw the latest update in that old thread.

Can't help but what we are told about a situation.

No harm done, glad it's working out once we get 'the rest of the story'....

--->Paul

Catty · #19 07/10/06, 08:58 AM

I truly appologize for any confusion. I know the story, the land, the situation and it's hard to express it so others understand what I see. I am not a gifted writer. I posted my original post when I was angry and thought (that naiivete rearing it's head) that the loggin road was a legal easement by prescription because it was there and the new neighbor seemed to be of the same understanding. I had no one to ask but you guys, and the realtor. More and more came out as you guys brought up points and angles that I hadn't thought of and even some advice that turned out to be good. My situation hasn't changed as I see it, just your understanding of it has changed. I take that back. Even my understanding of it has changed since the legal terms and all were brought to light through this posting. It has been helpful in more ways than one and I would like to think if I had another problem, I could post it here without getting lamblasted.

Catty · #20 07/10/06, 09:04 AM

Link to original post
easement by prescription
#11,14,37,57 I explain things as they come to light to me (with the help of this forum) including the easement written in the deed, the fact that we are not land-locked in the legal sense, and other things. I am getting defensive and I don't want to be. I am very grateful for all the help, advice, sympathy, etc. Event he ugly comments are appreciated because they caused me to dig a little deeper....even if they hurt a little.

had to edit..put up the wrong link