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Neighbor easement problem
For lack of a better place... I'm posting this here. Any help would be greatly appreciated.
I have an easement that runs down the side of my property... it lets the village idiot into his property. There is nothing in my waranty deed or security deed that says anything about this easement. The only record of the easement is on the plat chart.
The guy doesn't/hasn't maintained the easement. The easement has large pot holes, and the drive errodes down a hill leading to his property. I've taken pictures of the easement about every 20/30 days for documentation.
In march, I had a laywer send the neighbor a letter telling him to fix and maintain the easement. Neighbor had the easement graded, but that's all... no rock was added. The drive looked good for about 45 days... then again... it's full of pot holes and is erroding again. I've spoken with idiot neighbor several times... every time it's just excuses why it's not fixed... and it's never his fault.
I'm at my wits end... The lawyer I spoke to said my only recourse is to take him to superior court. It will cost me 2000/3000 dollars to file a complaint with the court. The laywer recommends I sue for damages (how do you quantify damages?) and an injuction.
It would be a lot cheaper for me to fix the drive myself... but's it's the principle of the matter. His driveway (my land) should be repaired by him... not me.
anywho... sorry to ramble on...
Here are my questions?
1. Has anyone sued someone over easement maintenance and recovered/not recovered court cost?
2. If I sue and recover court cost and damages and he doesn't pay... what then? Do I put a lean on his property? Sue him again for non-payment of court cost, etc...?
3. How do you put non-maintenance of easement into $$$ for damages?
Any insight would be great...
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Neighbor easement problem
First let me say thanks for all the replies... there have been a few mis-understandings... That's my fault if I had to type out everything that's gone on with this easement it'd take 3 pages... anywho.
ncrunch32
I think it's also called a tax chart.
It's not that I feel uncomfortable dealing with this guy... We've had 200 conversations and none have been hostile. But really, how many times can I ask him to fix the easement. The law states (I have a copy): The servient owner (me) is left to his remedy in the courts by way on injuction and damages. I thought about blocking off the easement... Lawyer said that was a real bad idea. Law says neither one of us can obstruct the others use of the land.
I have put in trees to screen part of the easement, but it really needs fixed. The condition of the easement affects my property value.
I'll look into the easement on tax map not counting for anything... I asked the laywer about that and he "thought" it did... but I'll have him check it out.
Chief,
What's your damn address... I'm movin in  )
Yeah chief... my bad... I didn't mention that part... I talked to this guy and the previous owner for 1.5 years. I decided to go the lawyer route so that when/if we went to court I'd have proof (documentation) that I asked him to fix the drive. I also had the laywer check on whose responsibilty it was to maintain the drive... the law says it his.
Again, I'll have the lawyer check out the warranty deed not saying anything about the easement. I'll also check out the register of deeds thing.
No other easement will exist for his property... the guy I bought my house from had originally built the other house for his daughter to live in. He intended for her to use the easement... but he may not have recorded it correctly.
If it turns out that he has no right to use my land belive me... I'll have the 4110 working hard to block it off.
The precident was set by the previous owners... I don't mind that... but I'd rather him have to spend thousands in court than me.
I'll never be friends with this guy... but we don't have any problem "gettin along."
Bill,
Believe me court is the last option... I've been asking nicely for 2 years now and I get only excuses. I thought about doing some maintenance for him but I've had enough problems with this one matter... I'd rather I didn't get anymore entangled with this guy than possible. He's real bad with money too...
I was thinking damages would be different from what it cost to fix the drive?
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What I really don't want to happen is: I go to court and not get my court cost refunded... I thought about going to superior court and sittin in on a few trails to see what happens... I guess I need to talk to the superior court clerk and see if they have a schedule of trials. I don't know if they have schedules???
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Neighbor easement problem
Toller,
Yeah... I know the the majority of the people here aren't attorneys... and yes I know it depends on which state your in. I'm in GA and it's 5yrs to claim prescriptive easement here. I'm not really lookin for legal advice. Just real world experience(s). I can weed out the chaff.
I've secured a real estate attorney... it cost 160.00 an hr just to talk to him, and he charges by the minute... which is really nice
I've pretty much come to the conclusion... thru the attorney and legal forums that I cannot block of or hinder his access (if he, indeed, has an easement). I've asked him to fix it till I'm blue in the face... now it's court. I just don't wanna go inot court blindly.
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Neighbor easement problem
I have a copy of the GA law... here's what it says:
Georgia Real Estate Law
8-26 Diversion or enlargement
"Where a grant of an easement contains no limition on the frequency or volume of usage, no implied limitations will be read into the grant by the court, but the grantee must use and operate his easement with due care of the protection of the land against damage and cannot create a nuisance. Generally, he may grade and pave the area traversed by his easement and in under obligation to keep it in good repair."
8-27
Obstructions
"Neither party to an easement has the right to erect structures on the land which interfere with the rights of the other party. The rule has been applied to fences or gates, wooden frames and buildings..."
8-30
Misuser or failure to repair
"An easement in not ordinarily forfeited by misuse, diversion, or excessive use, but the servient owner in left to his remedy in the courts by way of injuction and damages. Thus, the use of a private way beyond the statutory width of 20 feet at several points on the road was held not to work a forfeiture. But a private way arising from prescription or by statutory proceeding my be forfeited by failure to make repairs."
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Neighbor easement problem
The setting is rural, no fields. The drive is easily visible from my side door. It's a eye soar, and my minature dachshunds tend to play in the mud holes (which is really nice  The frogs like it though!
The drive is approx. +/- 1000' feet long, the first 400 feet are shared and the last 600 feet he uses for himself. I have maintained to first 400 and asked him for nothing. He uses it daily to access his home. He's recently moved another couple in with him... so now it's being used twice as often. I'll try to post some pics in the coming days to help explain.
 2 to 4 FEET? My friend... Georgia comes to a halt with 2 to 4 inches of snow. 2 feet would create wide spread panic.
Yeah... I've already planted Emerald Green Arborvitaes alond the drive.
ncrunch32 said "...don't do anything that obviously hurts the other party or is obviously vindictive."
That's exactly what the attorney said too. As I've said before, me and this guy have had hunreds of conversations and still get along.
I see no way around this problem (yet anyway) The law says I can't restrict his use and I am left to the courts.
I can assure you this guy isn't intimidating at all. I, however, prefer not to go the "abusive route" (no offense intended)... it'll only lead to him suing me for harrrasment(sp).
ncrunch32 said " If your neighbor is reducing your property value then defend yourself."
ummm? he's not pulling a knife on me
According to the law (which I think is a real bad idea to go against) I'm left to the courts. I really don't know what else to do... That's why I was wanting to know if anyone had sued someone and recovered the cost... I could care less If I hurt his feelings.
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Neighbor easement problem
Yeah the driveway already existed.
The "plat" I refer to is a line drawn map showing individual property lines, pins, and lat/lon corrdinates for each individual property. My warranty deed references the plat. I don't/won't live in a sub-division
The plat does show an access easement.
Don't waste my money on an attorney to try and block him? or Don't waste my money on an attorney trying to get the land maintained? I think he has legal access... but he's also legally required to maintain his access.
Prescriptive easements vary by the state... In GA it's 5 years.
Quote: "I would suggest you contact your local Planning and Zoning department."
hmmmm... wouldn't the zoning office only cover things that were "zoned." You think the county has a zoning ordinance on easement?
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Neighbor easement problem
I appreciate your input, but... I think you have too little information to say whether or not I'm "stuck with it." The lawyer working the case has seen the plat, researched the law, and has a law degree... and he's not even sure I'm stuck with it. Needless to say the laywer hasn't impressed me. Regardless... that's gettin off track.
The law says my only recourse is through the courts. I'm really looking for someone who has been to court and I'm wanting to know if they did or did not recover court cost.
Yeah your right the planning and zoning office would be worth a try.
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