Forty years ago a family owned all of one large tract plus a smaller adjacent tract along the southerly border of the larger tract that had as its only access to a county road through ownership of the larger tract. Then they sold off most of the large tract, retained an oddly shaped piece of it adjacent to the smaller tract mentioned above, and reserved a non-exclusive easement to a strip along the southerly boundary of the large tract so as to be able to access the county road.
Time passes. The large tract (less the odd tract) burdened by the non-exclusive easement changes ownership several times. It is about to change ownership again. Meanwhile the odd tract and the smaller adjacent tract that is the primary beneficiary of the non-exclusive easement has left the original family and is currently owned by an interesting couple. The unfortunate realtor and the title company involved contacted us due to the odd behavior of the interesting couple next door to the tract being sold.
The interesting couple next door have decided they actually own the area defined by the non-exclusive easement, built a fence along the wrong side of it and installed a locked gate to insure that no one, including the true owner of that area, can use the driveway (graveled lane). The easement terminates at the westerly side of the odd tract mentioned above. However, that route is rather important to the true owner as it is by far the superior route to get to a significant fraction of the large tract that wraps around the west, north and east sides of the odd tract.
The interesting couple next door profess to having in their possession a survey made about 1979 delineating the boundaries of the odd tract but absolutely will not show it to anyone. The description of the odd tract has bearings to the nearest second and distances to 0.01 feet. So, there most likely was a survey made by someone not local to the area at that time. The few local surveyors had not invested in that new-fangled Star Wars-type, laser-shooting gizmo stuff, but were rather adept with theodolites and 100-foot chains. They knew their measuring skills in rough country were far from the level of precision cited in the record deed.
The realtor and title company think that if we perform a survey to define the boundaries of the tract to be sold, including locating the non-exclusive easement area, the interesting couple will remove the fence and gate willingly. This despite responses from the adjoiners declaring they are not about to accept results contrary to their own way of thinking.
We have offered up an estimate as to the cost of the survey effort required, including assumed time wasted having a sheriff's deputy keep the interesting couple at bay for a period of time when we cross over their new fence to install a few bars to clearly show the true boundary line. I'm 99 percent sure our number is too high. But, there are always a few stubborn people willing to do what it takes to claim every square inch of what their deed declares to be their property.
Even more endless fun in the UK where boundaries tend to be defined by a general description rather than by (im)precise measurement. Hedges can move a long way naturally over a century or two.
- despite responses from the adjoiners declaring they are not about to accept results contrary to their own way of thinking....
Hey, didja get lost in Arkansas, on your way home from New Orleans again? That sounds like most folks here!:)
Holy Cow, post: 413191, member: 50 wrote: defined by the non-exclusive easement, built a fence along the wrong side of it and installed a locked gate to insure that no one, including the true owner of that area, can use the driveway (graveled lane).
That's going to be an expensive way to find out what an easement is.
The key word they refuse to learn the meaning of is 'non-exclusive'.
R.J. Schneider, post: 413208, member: 409 wrote: That's going to be an expensive way to find out what an easement is.
a cheaper way would be a six-pack, your most beat-up truck, and the randiest field guy you've got.
Bosses nephew, on meth, should 'bout do it!
party chef, post: 413170, member: 98 wrote: quite the pickle.
Holy Cow, post: 413191, member: 50 wrote: a locked gate to insure that no one, including the true owner of that area, can use the driveway
A good heavy chain and tractor should take care of that pretty easy...
Holy Cow, post: 413191, member: 50 wrote: This despite responses from the adjoiners declaring they are not about to accept results contrary to their own way of thinking.
That's humorous. Scene from Mad About You it reminded me of:
I need to get this signed for the logic seminar.
- I'm sorry.
Logic's closed.
- Well, open it.
- I'm afraid I can't do that.
- Why not? The class is limited to 20 students.
- So? - So it's full.
But I love logic! This is really very simple.
You see, there's 20 chairs and there's 20 students.
So how many people can fit in the class? How should I know? You're the teacher.
- Name? - Buchman.
Jamie Buchman.
Okay, Jamie.
Big smile! Each of these Tic Tacs represents one student.
Right.
And there's 20 Tic Tacs in the class.
Right.
Here is the end of the desk.
Beyond that, just empty space.
Right.
So where would another Tic Tac go? There.
- I was right?
What's the fine for shooting on a county ROW? mix some tannerite, place around the lock, and... UNLOCKED gate. Since it's gonna end up in civil court anyways, I want to be the one they don't want to piss off.
An update.
Received a call yesterday from the title company rep who had the buyers sitting in her office listening in on the speaker phone. They MAY end up having us survey the true boundaries abutting the land owned by the interesting neighbors and monumenting the true location of the area addressed by the non-exclusive easement. Should I get the call to proceed, I will then sit down with the clients and explain the course of action they are setting out on. We can show them the "where" of things. It will be up to them to enforce the "why" of things with law enforcement and legal representatives being involved.
Holy Cow, post: 413191, member: 50 wrote: We have offered up an estimate as to the cost of the survey effort required, including assumed time wasted having a sheriff's deputy keep the interesting couple at bay
Presumably not itemized, in case the circus doesn't happen.
According to a Fire Captain all you need to break a padlock is a five foot length of chain. Connect to the lock and whip it. He claims he breaks locks all the time doing that.
Dave Karoly, post: 413636, member: 94 wrote: According to a Fire Captain all you need to break a padlock is a five foot length of chain. Connect to the lock and whip it. He claims he breaks locks all the time doing that.
How do you connect it to the lock? And presumably it needs to be quite heavy chain?
squowse, post: 413637, member: 7109 wrote: How do you connect it to the lock? And presumably it needs to be quite heavy chain?
I'm not sure, maybe one of those screw links. He claimed it works.
Dave Karoly, post: 413639, member: 94 wrote: I'm not sure, maybe one of those screw links. He claimed it works.
My personal preference for the common padlock has always been a RR spike (makeshift chisel) and a 3 lb. shop hammer. You do have to know which side of the padlock is the tumbler side and the lock needs to be stable.
However in the last ten years I have seen some padlocks that are very high-tech and built like Fort Knox. In those cases I sidestep the locked gate and use an old cowboy trick:
Skipped the pliers last week. Unwrapped the barb wire from around the post. Took a bit longer, but figured they might not be quite as upset.
Another update. Got the call a few minutes ago. The buyers want it done. After closing. But, the sellers have agreed to pay half of the survey bill. Put it on the list, but will communicate directly with both prior to doing anything. Better get my lead-lined britches and vest out of the closet prior to meeting up with the stubborn neighbors who don't comprehend the meaning of the term "non-exclusive easement".
squowse, post: 413637, member: 7109 wrote: How do you connect it to the lock? And presumably it needs to be quite heavy chain?
Well the best way, I've found, is to first get a key, open the lock and then snap it around the chain you're going to use to break it with. :smarty:
