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Re: OT--another John T--Country Lawyer question


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Posted by ScottyHOMEy on November 04, 2009 at 13:33:00 from (70.105.255.111):

In Reply to: Re: OT--another John T--Country Lawyer question posted by gorilla on November 04, 2009 at 12:58:55:

I'll just add a note about an in-town property that I owned in a small Maine town. The original property, years back, consisted of the entire block, bounded by four streets, with a brook winding down through it. Long before I bought it, the corners were sold off on the other side of the brook from where my house and barn were, and I wound up with a shallow piece on the other side of the brook with 90' of frontage. A fellow who lived across the street from that sliver parked on it. (His was a small cramped lot and it made life easier). He was up front about wanting to buy it. I couldn't imagine how I would price it, but also learned that it was too small a parcel to actually deed over or transfer to him -- they couldn't make it part of his property because of the street between it and his property. I allowed as how he could use it if he kept it mowed. When it was coming up on adverse possession limits (ten years of my ownership) I hallooeed him while we were both outside and told him I wanted to post it for ten days and asked him to stay off of it for just that time, after which he'd be free to park there for another ten years without interruption. He wasn't too thrilled, but understood. I've since sold the place, explained it all to the buyer, and he's still parking there.

On the flip side, one end of that sliver ran right up to the foundation of the property on the upper corner over there. A fella who should know better (his wealth was fifth-generation of one of the largest landowners in the state - millions of acres) bought that place and would come up summers. He started parking on that same piece. No skin off of my nose, other than he never said hello, introduced himself, in fact wouldn't even return a hello across the brook while I was in the garden and he was out grilling on his deck overhanging the brook. until he decided to pave his parking spot. So it was kind of a cipher until he paved his parking spot.

The difference between the two? I might say it was the difference in how they approached me, except that the one didn't, in fact wouldn't even respond to me. He got to pay to have his pavement taken up, and his Town Car never cast another shadow on my land.

Vinegar and honey.

I haven't seen the question about your right to this easement/right-of-way answered, so I won't speculate on your chances, but if that question is at all up in the air, you might do well, if it isn't too late, to approach this guy yourself and try do work something out in a neighborly way before you spark too much resentment.


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