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View Full Version : Easement and spite retaliation comments


HorseLady76
Dec 13, 2011, 02:53 PM
This new owner is trouble. Due to my not allowing him the free hook up on the easement from my property he has come back with:
1. Your fence is not 10'from the property line
My board fence is 12'9" from the middle of the 20' easement. Nothing in my deed states that it is to be 10 foot in on my property.
2. Do you want me to Take care of the feral cats that are roaming on my part of the easement?

I do have some cats that I have had spayed and I do take care of them due to someone dropping them and neighbors leaving them. They and the coons take care of rodents and snakes in my barns.

This man is going to be a problem with retalitory measures. Is there anything that I can do to prevent this . I have copies of his email as to these threats

Fr_Chuck
Dec 13, 2011, 04:18 PM
Check with the zoning and building requirements. I assume you had a building permit to build your fence and it meet the requirements. Normlly a fence has to be so many "inches" not feet from the properly line.

So verify the law on the fence and ignore him.

Cats, if cats come upon his property, even if there is a easement, if it is his property, he is free to trap animals that come on his property and turn them over to animal control. My neighbor has trapped about 30 cats so far this year and got rid of them.

HorseLady76
Dec 13, 2011, 08:11 PM
Well I hate to hear that cause that will only result in further problems--
I sure hate to hear that he can take cats and get rid of them like that as I have taken care of these animals spayed etc after someone dropped them on me At the time the shelter and center said they only kept them 4 days then... It has not been cheap
Thanks any way I am checking further as to whether he can take them if they are mine and not feral as they are not wild and feral.

Fr_Chuck
Dec 13, 2011, 08:51 PM
The issue is his property rights also, if your cat for example is on his property and climbs on his car and you have claimed that cat as yours. Guess who has to pay him for any scratches on the car, he could even sue for a new car wash if the cat prints up a clean car.

I am glad you love your cats, so keep them inside. Or make a large cat run out side for them. If they are running lose you are liable for anything they do, if they scratch a neighborhood child, guess who pays their medical bills,

You are liable for your animals, he can even call for charges of tresspass in some areas. I have seen that done before.

HorseLady76
Dec 14, 2011, 05:21 PM
I have another question in reference to this issue:
The person that dropped these cats on me that started the whole cycle was the worker of his mother of whom has given him the property to build upon behind me. Does this make that person responsible as well or is the only thing that could be done would be abandoned and/or satute of limitation apply?

Fr_Chuck
Dec 14, 2011, 07:33 PM
Once you claim the cat, if they are "dumped" off cat, they belong to no one, so you find them new homes, once you start feeding them, and claiming them, they become yours.
I have that one from a dog bite case, I was actually bite by a dog. The owner claimed he was not his dog, but there was a food dish and water dish for the dog by the door.
I won the case against him for my damages. And the dog was destroyed.( I did not ask for that , it was merely a law of the local government for dog bite cases)

HorseLady76
Dec 14, 2011, 08:57 PM
I hear you and agree. The cats that I take care of I assume the responsibility for them. They have their care including shots etc when my horses get theirs It is expensive. It's just ironic that the mother of the man I am having trouble with is the one who had her worker drop them here. Everyone knows I love animals and willnot harm them. My colony do not go onto others property unless it is with me. For ex I went next door to talk to neighbor and some followed me, I started sending them back, he said leave them alone they catch mice.
This guy is angry because I won't give him a piece of my property. My easement was bought and deed says so.
I will make sure my cats and I suppose your right after this time and expense they prob are mine even though I saw it as a necessary issue for their lives at the time and still do. There are a lot of other legal issues that are going to come up if I push but right now don't want to do that unless he hurts one of the cats out of malice spite. Those issues will cost him lots of money and I do know the law will be on my side of those but... hopefully, but he does not like cats and is known to be cruel to animals, like shoots them if on his property. I do thank you for the advice and certainly will comtemplate every angle of it. I have checked with county and there is nothing he can do unless they are on his property as you said and as long as I have had or keep them with rabies shots and healthy which they are. I don't want other animals coming on my property either but won't hurt hurt them as you said the right way is the only way. Thanks again

HorseLady76
Dec 17, 2011, 08:58 PM
I have been dealing with a manager of the cat colony--TNR who has and can also help persons as I am in with the cat colony. They are protected via that TNR. I do need to notify the Animal Control of the TNR of which I did not know to do.
Thanks again on the issue of the cats.

The city did send me a letter stating that the easement that I gave them for the water line ran to the property line which adjoins his/my driveway the non exclusive easement; however, the water line does not join that property line, it stops 9 feet from the property line, makes a 90 degree turn and goes down my property to an end clean out line that the water line people use to clean the lines--this is totally on my property as well and does not abut on his property.

I do not know the legal jargon with the nw etc, but it implies that the easement ran with the driveway easement instead of behind the properties from Lock road, across what used to be their property, across another persons property and to my property up to the approx 9 feet from the property line, then makes the 90 detree turn into my property.
I think there is some confusion as to where the line actually runs and/or that the water line easement gives them the authority to hook onto it due to it stopping at the property line that connects with the easement irregarless of where the line actually stops and turns on the 90degree and runs down my property to a end outlet. I have written back for an explanation of this as I do not want to hinder them from connecting if they are within legal authority to do so.
Thank you

HorseLady76
Dec 18, 2011, 03:27 AM
I forgot and just learned in researching the deed, there is two easements that were established in 1969 by the owner of the land--, the one easement is the shared easement with the owner now that runs from my property to lock road; the other is an vehicular easement from the end of lock road across 3 plots of land, known as plot 1, 2 and 3 and the letter references these 3 plots of land as those of Francis , Raymond and George. This is where the water line begins and ends approx 9' from the other eaement that I share with the new owner.This water line easement states that the easement ends 9 feet from the property line at the location of the other easement that is shared with the new owner.
He does not own any easement rights across this vehicular easement that makes reference to the 3 plots of land that state plot 1,2,and 3 and where the water line is laid up to the distance from the property line and easement that is shared with the new owner.
I am of the opinion that the city has mixed the two easements and put into one at the shared easement. Regardless, the water line is approximately 6-9 feet away from the shared easement but the water line does run from my property , across plot 3 of which now is owned by myself, across plot 2 of whichis owned now by another property owner, and plot 1 of which is now owned by yet another property owner to the end of lock road of which the owner of the shared easement has no easement rights or property rights to those lands.
I have been living here 28 years and have never heard of an easement running from the shared easement across the land I now own or the other plots of land to lock road.
Iam of the opinion they have the two mixed up or something.
Thank you for listening and hopefully you may shed some insight on this situation rather than have to hire an attorney to sort it out. Any advice would help.