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#21
06-07-2005, 01:35 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
I don't understand what he would be suing you for. Perhaps I just don't understand property "stuff" well enough. But, how can you have any obligation to sign anything for him? [/ QUOTE ] I have been talking with attorneys and real estate people all day today. It is mass confusion--have you ever read a property description? Holy [censored]! I have no obligation to sign anything. If I refuse to sign the agreement, he is screwed and would have to find another access for his new parcel or sue me for denying him access to his property. I am currently benefitting from the easement that he needs to get in on, so I have to agree to let him in on the deal--it's not enough for the owners of the property to give him access now. His lawsuit will go down in flames because he has another access available, but it will make his other lot much less desirable. So we are making him strike a section from the agreement that attempts to interpet the utilities easement accross my portion of the road to mean that he has ingress/egress rights (the recording number that is referenced is very vague). We want him to have to enter a maintenace agreement on that portion of the street because we don't use it (and have told him so). We have it fenced out, but it adds square footage to our parcel and we are right on the edge of being able to subdivide our lot, so it's not totally useless. We are also calling for the clarification of language regarding repair and maintenance of the condo owned portion of the street. The document read as though the condos were a single entity that only got one vote, but they have 15 or 16 untits. So I told him we wouldn't sign unless it was clear that our financial responsibilty was going to be 1/20, not 1/6. I spoke with his attorney today and he agreed to agree to remove the offending paragraph and re-word the other language. If it gets done, we'll sign. 
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#22
06-07-2005, 01:47 AM
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Re: My neighbor threatens to sue me
Don't screw around ... get an attorney to evaluate this ASAP.
************************************************** ******* His threat is laughable. You can't sue someone for refusing to sign a legal document. Save the money and buy some beer.
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#23
06-07-2005, 01:51 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
[ QUOTE ] Yesterday. He is in the process of subdividing his lot and has discovered that he has no valid ingress/egress easement. So he has his attorney throw together an Easement and Joint Maintenance Agreement. He handed it to me on Friday, I gave him comments on on Sunday. He flips out and threatens to sue if I don't sign by Monday. Hmmm...why is he pushing so hard? I check out public records on his property and find that he has taken out a $460,000 loan and used two of his properties for collateral, and the loan matures in less than 6 months. My property may or may not need an easement, but I won't run into a problem with it until I want to sell. [/ QUOTE ] I'm confused. Why would you need an easement? And on what grounds is he threatening to sue you? You don't have to agree to an easement if you dont want to. However, if he has been passing through your land for long enough without you protesting, an easement can become implied. [/ QUOTE ] I live on a private dead end street and own the back half of it, which is unpaved. A condominium owns the front half of the street, which is paved. My dickhead neighbor has run into a problem with his subdivide. The surveyor that was doing his short plat referenced a 1917 Quit Claim Deed as his easement, but retired in the middle of the job. The new guy looked up that reference and determined that it is not an easement. He won't stamp the short plat until this issue is taken care of. Now dickhead is trying to convince me that I have the same problem, but I don't. The easement for my access has been recorded twice, the first time was in 1978, so I am way past the statute of limitations here. I think the rest of this is explained in my response to Dynasty. I am (maybe) entering into an agreement with the condos for maintenance and repair of the easement strip, the neighbor gets the easement recorded and I benefit from that by having my easement clarified. I am so sick of this...
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#24
06-07-2005, 02:30 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
Don't screw around ... get an attorney to evaluate this ASAP. ************************************************** ******* His threat is laughable. You can't sue someone for refusing to sign a legal document. Save the money and buy some beer. [/ QUOTE ] Um ... the lawsuit would be over the property rights, not from him refusing to sign. That might end up being some pretty expensive beer.
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#25
06-07-2005, 03:43 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
We are also calling for the clarification of language regarding... [/ QUOTE ] And I'm calling for the ENTER button, for the clarification of this highly technical post.
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#26
06-07-2005, 10:47 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
[ QUOTE ] We are also calling for the clarification of language regarding... [/ QUOTE ] And I'm calling for the ENTER button, for the clarification of this highly technical post. [/ QUOTE ] Seriously. Where's cliffnotes when you need him?
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#28
06-07-2005, 11:51 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
Will signing that and allowing an easement affect your property value at all? b [/ QUOTE ] No, there is language on our short plat map that states that we bear responsibility for maintenance and repair of the strip, so the maintenance agreement should have been set up two years ago, but the builder dropped the ball. I read the easement on our property to say that they have ingress/egress rights, but the language in the recording number that they cited in the EJMA is very vague, while the language that they use to summarize that recording number is very specific. We objected to that and his attorney caved immediately. The home that is going in on this lot will be 6,000 Sq. feet and have a price tag of $1.6 million, so my property value is going up. I suspect that the new owner will insist on a gate and will have to fight with the fire department over it. Once he wins his fight, we will gate our little neighborhood and see another bump in value. Also, the other two homes in our plat have massive upgrades and extensive landscaping, so they are worth way more than the $600,000 that shows up on the county website as the original sale price. They paid all of the upgrades out of pocket. We will have the least expensive home in the neighborhood. The short answer is that they already have an easement through our property, but we wouldn't deny them access if they didn't. We want to keep the language vague until we get a maintenance agreement in place--probably when the new home is finished.
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#29
06-07-2005, 11:56 AM
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Re: My neighbor threatens to sue me
[ QUOTE ]
[ QUOTE ] I don't understand what he would be suing you for. Perhaps I just don't understand property "stuff" well enough. But, how can you have any obligation to sign anything for him? [/ QUOTE ] I have been talking with attorneys and real estate people all day today. It is mass confusion--have you ever read a property description? Holy [censored]! I have no obligation to sign anything. If I refuse to sign the agreement, he is screwed and would have to find another access for his new parcel or sue me for denying him access to his property. I am currently benefitting from the easement that he needs to get in on, so I have to agree to let him in on the deal--it's not enough for the owners of the property to give him access now. His lawsuit will go down in flames because he has another access available, but it will make his other lot much less desirable. So we are making him strike a section from the agreement that attempts to interpet the utilities easement accross my portion of the road to mean that he has ingress/egress rights (the recording number that is referenced is very vague). We want him to have to enter a maintenace agreement on that portion of the street because we don't use it (and have told him so). We have it fenced out, but it adds square footage to our parcel and we are right on the edge of being able to subdivide our lot, so it's not totally useless. We are also calling for the clarification of language regarding repair and maintenance of the condo owned portion of the street. The document read as though the condos were a single entity that only got one vote, but they have 15 or 16 untits. So I told him we wouldn't sign unless it was clear that our financial responsibilty was going to be 1/20, not 1/6. I spoke with his attorney today and he agreed to agree to remove the offending paragraph and re-word the other language. If it gets done, we'll sign. [/ QUOTE ] I assume that you're extorting a lot of money out of this.
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#30
06-07-2005, 12:16 PM
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Re: My neighbor threatens to sue me
[ QUOTE ]
Again, don't mess around, get an attorney. [/ QUOTE ] This is bad advice. I can't tell you how many times I have been threatened and spent endless amounts of money on legal fees only to find out it was just alot of hot air. Wait to see if you are served and then take action.
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