Could I Be Liable For Damaging Neighbor's Car? UPDATE 5-23-02: Battle Escalates!

[Thegonagle]

You know, insted of a fence, you and the retailer should get to the city council to consider building a nice, true, honest to God public sidewalk in centerline of the easement, with a nice green grass boulevard a couple feet on either side of, it and a few trees along the way. Make sure there is a trash can on either end for the people who will walk their dogs through. You say the walk through is a good thing for the neighborhood and the retailers. A nice picket fence on either side of the sidewalk will keep people off both of your properties. You'd need to put in a new driveway, but maybe you wouldn't need to pay for it (the city, or Ms B!tch could pay). It's a reasonable thing that a lot of cities are trying (and getting positive results from) in the quest to get more people out of their cars and meeting the neighbors, so I don't think my idea is all that crazy in these post-modern times. Think about it.

 

[rahvin]

It's sure nice to know all this! I'm not sure when she plans to have this done. I do know she's short on cash, so it may be a while.

In my area a typical land survey will run 3k. You might wanna find out who she's paying to do it, if you talk to the company they may cut you a deal and do a survey on your parcel for 1/2 cost because she will be paying to get them out there.

 

[MadRat]

Wait a minute. If its abandoned property and you've been upkeeping it then it stands to reason that you can file a quick claim deed on the property, pay five years of back taxes on it, and then just leave the first 7-1/2 feet as the easement for utility workers to get through. The first 7-1/2 feet on her property would be the other half of the easement. She has no claim to the property if you have been upkeeping the land and she has not utilized it at all except for the easement between her property and the abandoned lot.

 

[XZeroII]

hmmm, what I would do is just let her do what she wants and you just cut out helping her. Tall her everything that you do to help her and say that this was all simply something nice you were doing for her. Tell her that you will no longer cut her yard or do anything to help her unless she stops driving on her lawn. Make it clear that you are very upset with this and that she is obviously taking advantage of you. If she says fine, then look into filing a complaint of some kind with the local police about her ruining the land values in the area by tearing up the grass and of course stop mowing her lawn and stuff. If she does not mow her lawn or perform regular maintinance she could get fined by the city (at least they will where I live). The rock is a good start. If you have more, I suggest putting more of them out there. If you really want to drive the point home, get a large flood light (or 2) and put that outside and turn it on at night. Shine it on the driveway in case you need to leave at night you can see the drive. Make sure it also shines on her house 🙂 There are many things you can do to take advantage of a situation like this.

If she tries selling the house, when people come over to look at the house, walk around outside w/o a shirt and some short shorts on and your hair a mess. Carry a case of beer with you and greet the potential new neighbors. Say that you would offer them a beer, but this case needs to last you till noon when your buddys stop by. 🙂 Do this until you find a potential neighbor that is nice.

 

[Ornery]

Ouch rahvin, half of 3K for a survey! OMG, I'm freakin' broke here! You see the car I'm driving. I could buy two times as nice a vehicle for that $1,500.00!

Thanks again Fireball77. I'll keep ya posted and try not to bother you about it unless I have to. When I went before the council to present my case for the vacation of property, I had all these folders and papers in front of me, nervous as hell. Never heard of vacation of property before in my life! As I started talking, I got the impression that my speaking was just a formality. I cut it real short and shut up before I said something I shouldn't. They all agreed to the terms, told me the stipulations, which I can't remember, and that was that. Never followed up on it at all. We did it right at the time the retailer had the fence erected. It was part and parcel of getting that gate access OKed. I truly doubt the shopping center owners want anything to do with any of it. It's just one more liability for them, I bet.

I'm just trying to keep a low profile here, and she's going out and stirring up trouble. It reminds me of what this dimwit at the end of the street did several years ago. He was living with his parents, though in his mid twenties. Went to back out of their yard and people parked at the grade school next door had him blocked in. He went and raved at the school, which resulted in them installing some hideous metal posts next to his parents lot line. They wanted a nicer fence installed, but that would have cost money out of their pocket for the materials. All was well till the kid opened his damn drunken mouth. I fear this nimrod next door is going to cause the same type of trouble. In hindsight, I should have just left her drive on the lawn, but I guess I'd be stewing over that too. Damn, what a soap opera!

Edit: MadRat, that sounds like a legal pain in the butt that will cost money, too. Yikes! I just want to go back to normalcy, sort of like when I used to walk around the property in shorts, tee shirt, black socks and sandals, sucking on a beer, happy as a clam... 😉

 

[wnied]

If the rock is on your property you wont be liable for any damage that arises from your neighbors inconsideration.

~wnied~

 

[MadRat]

You'd be surprised at how little they'll ask you to pay in back taxes if they do at all. My sister bought a C-lot off a lake (3 lots from shoreline) and was able to pay a measely $400 in back taxes for it. She bought it at an auction actually, but it was still abandoned property. 🙂 Usually they'll allow the quick claim for no back taxes. Some states just have different requirements for quick claims.

 

[Fireball77]

Ouch rahvin, half of 3K for a survey! OMG, I'm freakin' broke here! You see the car I'm driving. I could buy two times as nice a vehicle for that $1,500.00!

I think it would be way under that. we charge about $1500 for just a regular survey. The best thing to do would to go in on it together......but that is if can afford it. I would let her foot the bill. She is the one causing problems. If the place that does the Survey does it right, they will call out any easements from the lot line seperating you two. On a Record of Survey, you are supposed to call out any easements, or special deeds. And represent them on a recorded map. So on the map, the lotline that seperates you two may say, Centerline of 40 foot easement. Which will call out the 20 feet that you have.

And dont worry about bothering me, I like to contribute anyway I can, No use knowing these things if I cant use it.

 

[kermalou]

i think that this is one of the best threads on OT, maybe you should make a diary of is somehow, like the post a long long time ago about the neighbors from hell.

 

[Paul Ma]

If you have been using that driveway for over 20 years, then you can invoke adverse possession.

 

[Ornery]

Hey, Redneck Neighbor still lives! I'll have to check out those videos later. What a riot 😀 My little tiff will never compare to that.

Guess what I'm studying now, Fireball and Paul Ma? VERY interesting, thank you!

• EASEMENTS BY NECESSITY
  
  Even if it isn't written down, a legal easement usually exists if it's
  absolutely necessary to cross someone's land for a legitimate purpose.
  The law grants people a right of access to their homes, for example. So
  if the only access to a piece of land is by crossing through a
  neighbor's property, the law recognizes an easement allowing access over
  the neighbor's land. This is called an "easement by necessity." When
  land is subject to such an easement, the landowner may not interfere
  with the neighbor's legal right.
  
  It's easy for a dispute to arise between neighbors when someone buys
  property without knowing about this kind of easement across it. For
  example, a new owner may discover that the neighbor is using his private
  drive for access to her own property. The new buyer puts up a locked
  gate and soon finds himself in court. If you find yourself in such a
  dispute, either as the neighbor with the private drive or the one who
  needs it, and you can't work out some sort of agreement between you, see
  a local property lawyer.
  
  In fact, if you become embroiled in any escalating easement problem that
  appears to be headed for the courthouse, consult a local attorney who
  has experience with real estate problems. The doctrines of unwritten
  easements that are created by people's actions and certain circumstances
  can be very complicated. The laws vary slightly from state to state, and
  you may need more tailor-made advice than can be given here.
  
  EASEMENTS ACQUIRED BY USE OF PROPERTY
  
  Someone can acquire an easement over another's land for a particular
  purpose if he uses the land hostilely, openly, and continuously for a
  set period of time. These terms are explained in "Requirements for
  Obtaining Land by Adverse Possession," above. The length of use required
  varies from state to state and is often the same--ten or twenty years--
  as that for adverse possession (acquiring ownership of land by occupying
  it). An easement acquired in this way is called a "prescriptive
  easement."