Subject: Re: Fence dispute: and plantings
From: (Diane Blackman)
Date: 1996/08/08
Message-ID: <4ubbvs$>
Newsgroups: misc.rural

Pat Muller wrote:
: So how do you get people to abide by the survey? They all seem
: to feel that lawn mowing is a God given right, especially since I don't mow
: it. (I already mow 3 acres on my almost 40 acres - they have small lots).
: Can lawn mowing along an easement constitute grounds for adverse possession?

It might. It might constitute grounds for different kinds of property rights like prescriptive easement, equitable estoppel, and other theories. What does and doesn't depends upon the cases in your state. Also critical may be other seemingly insignificant factors.

: At the present time, I very seldom use that access road, but plan to build
: there in a few years and will need to move the road towards them to
: accommodate a drive up to the new building site. I also wish to plant trees
: along the line (where they are mowing) to give me some privacy, and also
: need to keep my options open for future development of this land. How can I
: gracefully handle this situation? I know I need to stand up for my rights,
: but I also would like peaceful co-existence with the neighbors.

Start by researching the law in your local area. To learn how to do this and get yourself a head start check out the books published by Nolo Press. They have a web site but I don't have the address at the moment.

Nolo Press focusses on California law but they write for non-lawyers. That is their reason for being. So look at their catalog and pick out a few likely books. That will give you the language and structure to understand stuff written in case books, digests and other legal sources.

Once you have read the Nolo Press stuff and have a handle on the vocabulary visit your law library. Most places have them in or near the county court house. Assuming there is a law librarian that person can help you figure out how to find the books you need to look at to learn your local law. The systems can be different from state to state so that's the best I can do for an explanation.

Finally you will have enough information to ask intelligent questions of an attorney. Write everything down in outline style and make an appointment. It shouldn't cost you more than two hours time, if you have done your homework. The purpose of the attorney is to review the facts you have gathered and your understanding of the law. You should ask the attorney to write you an opinion letter. That might cost you another hour. It will also make sure that the attorney will be responsible for advice given. If the attorney seems more focussed on litigation than problem resolution then fire that one and look for one you are happy with. Its cheap insurance for your future plans.

Diane Blackman
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Be true to your own principles, and hold to them, else complain not when the world runs contrary.

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