MSD said: (quoted from post at 20:49:28 12/19/07) I had a 40 acre piece of land that I rent out. I bought it from a guy that the day after we signed a purchase agreement, turned around and wanted to change the agreement. He claimed he never agreed to the terms of it even though he signed the paper and took my deposit. Anyway the lawyers worked that one out and I got the land.
Before he sold it, he put an easment on it that was 33 ft. wide with restrictions that I couldn't put any fence, trees or structures within 100 ft. of the centerline of the easement. The easement was so he could get to his land which was next to it and originally part of the piece I bought. I later sold 6 acres to my son to build his house on.
The natural drainage across his yard went across this easment road. There was no culvert there to take the runoff so it always went acrose the road. A year ago this fall, the guy graded the road so it had a slite crown to it and added 5" of gravel which caused the water to sit on my son's yard. We decided rather than argue with him about building up the road, we would install a culvert to take the water. We didn't change any drainage patterns, just found the lowest spot in his yard and put the culvert in there.
Shortly after that we got a letter from his lawyer that we had violated the terms of the easment that says you cannot make improvements to the easment area without written approval from both parties. Then about a week later, he brings out more gravel and put it in that same area and now the road is a good foot higher than my son's yard. I had talked to his lawyer and explained what he did and that I didn't feel we had done anything wrong under the circumstances. Now today, the sheriff shows up with papers that he is taking us to small claims court and asking for $3499.44 for "balance due for culvert installed in easement which is not allowed."
I have had other dealings with the guy on this road and believe me, he is a nut case, but I have to deal with him. I am wondering how he can ask for money for "violating" the terms of an easment. We caused him no monetary damage. The road was put back to it's original condition and I actually thought it would be better to have it run under the road than over it.
Also, he put a property fence on the line that divides our properties. He brought it right up to the road and put a gate acrose so no one can get on his land. I told his lawyer he had to remove it as it was in violation of the easment that says no fences within 100 ft of the center of the easment. I might be on thin ice on that one being it is on the line but after reading the original plat papers, I found he ran the easement for 1300 ft. My property runs for 1295 ft. so it actually carries over 5 ft. onto his property. It wouldn't be a big deal but after all the run ins with him I am going for him to have to remove it.
He made the Xmas season real enjoyable for us all. I do have an appointment with the lawyer to see where I stand for sure or at least in his opinion anyway.
I would be sure to " keep " his lane clear or nails and or any other sharp objects that might puncture his tires or damage any vehicles he might own while using the lane...It would be ashame if anything like that were to happen to such a nice neighbor
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It would be ashame if anything like that were to happen to such a nice neighbor