I recently surveyed a gentleman's property. He was mainly interested in the "25' private roadway easement" that encumbered the north edge of his property.
This is an older (1970) recorded plat in a fairly rural area. The lots are basically 5 acres (330'x660'), with the plat clearly showing the property corners in the center of this 50' total private roadway easement. Each lot bears 25' of this easement. I set (found) corners in the middle of the road and, as per his wishes, set a lath and nail line along the outer edge of the 25' easement.
The other day he was arrested for trespassing on his own property.
When the plat was recorded there were no stipulations for any property owner's association or any restrictive covenants. The maintenance of the road was apparently nobody's (anybody's?) job until around 1995. At that time about half of the property owners banned together to form a POA and address the road maintenance issue. My client opted to not join in the fun. He calls them a "bunch of do-gooders". I guess that is his prerogative.
Anyway, the POA hired a fellow to grade the ditches. As in the past, the motor-patrol raises the moldboard as he passes across those properties that opted not to join the POA. This left a windrow that diverted the drainage onto a low spot about 100 feet onto my client's property. He gets his MF and box blade out to knock the pile down and scratch a little pilot channel to get the borrow ditch rolling in the right direction again.
I guess the do-gooders took exception to this. They called the police. The officer apparently listened to the pitchfork and torch equipped POA and cuffed my client. Told him he was 'arresting' him for trespassing. After a half hour or so the officer un-cuffed him and wrote him a ticket for being rowdy in public, or some such nonsense. Then told him to get his tractor off of "the POA's road" and don't ever come back.
(chalk one up for the intelligence of the City of Norman's minions-of-the-law)
My client came into my office today to clarify what I had told him about the 25' easement and his property and to get a few more copies of his survey. He also had given my phone number to his attorney. I'm expecting his call.
The thing that cripes me the most is the inability of a police officer to understand even the simplest of legal concepts. At times it seems as though they act as judge, jury and executioner without any clear reasoning. I guess they side with whoever is yelling the loudest. I don't know.
Anyway, I'm really interested to see how this pans out. I hope he found a good attorney.
Very interesting. Keep us posted on what happens. Like a good soap opera!
He pays property taxes on the land under that easement, so he should be able to get a fair hearing on the land issue.
As for his behavior in a situation that didn't have to result in an arrest, well...:-X
This little p-match was probably a long time coming...
Yeap, that kind of action on the part of the "law man " is the equilivant to a button-pushing newby surveyor. No critical thinking involved, just fill out a form or fill in a blank. No need to try to explain, the police already have the answers and don't buck them or they will haul you in.
The guys's attorney needs to rip the chief.
John Harmon
"I hope he found a good attorney."
He's probably going to sue whatever municipality the police department belongs to.
Have a great week! B-)
BTW you seen the nun lately?
> The thing that cripes me the most is the inability of a police officer to understand even the simplest of legal concepts. At times it seems as though they act as judge, jury and executioner without any clear reasoning. I guess they side with whoever is yelling the loudest. I don't know.
Among the first things I noticed about Norman is that the city has a HEAVY police presence. I'm sure that their main goal is to keep any frat parties from coming to the attention of the NCAA. For holding drunken teenagers hair back they seem to do well.
Definitely a trespass issue.
This left a windrow that diverted the drainage onto a low spot about 100 feet onto my client's property.
This is the trespass on the easement of your client, and absent a flowage easement, the diversion of water onto his property is another potential trespass.
Any actual, trained police officer would have seen this immediately as a civil matter and left it at that. A good attorney will have a field day with this.
Rewrite His Deed To Include The Entirety Of The Easement
As his to use.
That is what the map intends. The property association has no legal basis to exclude him, nor can he exclude them.
By diverting water onto his property they have created a tort. They have to continue the ditch past his property or pay damages.
Paul in PA
Any statute allowing the creation of a property owners' association AFTER each tract has been sold should be revoked and negated. Apparently, there must be a statute that says a conglomeration of private tracts can, somehow, be declared a specific group and allowed to create said POA without unanimous consent of the affected land owners. This will eventually lead to problems similar to what is going on in this case. Assuming this POA was created via a legitimate statute, with the idiocy being that not all property owners MUST belong to it, then clearly the wrongdoing is on the part of the POA attempting to "punish" non-members.
I hope he can find a worthy attorney and force this whole POA issue to a resolution that is beneficial to ALL properties or to the forced dissolution of the POA. Dissolution will result in long term chaos. So be it. Those who bought into this under one standard and then attempted to force their standard onto everyone need to receive their comeuppance.
Pogo was correct.
Sister Mary "Tops" Catherine
She's been in the Caribbean lately according to her postcards. She believes there is a need for a caring Sister to help older gentlemen with their yachts.
Bless her bleeding heart.
Sister Mary "Tops" Catherine
She is natually very domestic at heart. Definitely has great familiarization with washers, dryers and other household applicances. It was her ancestors who created what the world knows as Whirlpool Corp. She would not have turned out quite the same without the advantages of coming from such a family.
I'm assuming she has been accompanied on her journey by Larry, Moe and Curly.
The "POA"
I don't know all the details, but the creation of such an entity, after the fact and without all the property owners being involved seems a little suspect.
It's a really good lesson for folks that purchase rural property with "private road" access. Over the years I've seen a number of problems evolve from these developments.
I really don't know where this will go, but if the need arises I will probably donate my time for any depositions or testimony. I just really want to meet the people who feel they can exclude a man from his property. I'm sure I'll be amazed.
The "POA"
There is a collection of homes like this only about three miles from my house. Fortunately, there is no POA. Those who have homes there did so realizing that the disadvantages are more than offset by the advantages. Every once in awhile they all go together and buy some more road rock, have it spread and pay someone to do their best to eliminate the potholes. It's worked that way for over 40 years so far. Many different owners have been involved over that period. There is about a mile or so of driveway involved as it twists and turns around a private lake. Their mailboxes are in a group near the two entrances from the county road. They somehow pay for a single dumpster located at a convenient spot to simplify the trash issue.