Posted by MSD on March 12, 2008 at 16:12:17 from (67.1.188.117):
In Reply to: Legal question posted by old on March 11, 2008 at 20:35:11:
I am in the middle of an easment issue. I had a lot of input from guys on this site last fall about it. Just an update here. The guy using my land put an easment on before he sold it. Wrote in the easment that we would share costs of maintanence and upkeep on road. When I went to do an improvement, he got mad and billed me $3400 for gravel, snow removal and attorney fees. He filed a claim in small claims court for that amount. I hired an attorney and the first thing he said was he can't collect attorney fees for a contract dispute. Next he wanted to take it out of small claims court and move it to circuit court so we could settle the easment issues. Turns out he is not allowed to puty an easment on his own land. He also had a copy of the easment in the purchase agreement. That copy was different than the one he had filed a week before giving me a copy of it. The one I got didn't mention anything about snow removal and it said the owner of the easment (which was him) was suposed to take care of the maintenance. We did move it to circuit court and have had the first meeting with the judge to set a trial date and such. The guy has 2 days left to file a complaint to continue it in court. I am betting he doesn't want to because he may loose his access. He didn't need the easment in the first place because he has land that joins the place he wanted to get to. It was just that it was shorter across the piece he sold me. Even if he decides to drop it in court, I intend to pursue it and get him off the land altogether. So far, I am down $1700 in attorney fees. It isn't cheap going that route but it needs to get settled sooner or later.
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