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So like I knew it was going to happen.... my neighbor and his friends wandered into my yard today. So I called the cops, they came and where super nice. Asked to see the bi-laws which I called around and got a copy real quick since I couldn't find mine and while I was doing that he went out there to get his side of the story and of course he said I was wrong etc etc.

 

Well when I did find a copy of the rules and gave them to the cop he read them and said they where not defined enough and therefore he couldn't say if he was in the wrong or not but he advised my neighbor to stay out off of my property any anyone elses property too.

 

When Travis saw a copy of the rules he said "Oh those are the rule, mind if I look through them?" - to the cop... keep in mind this entire time he has been claiming he has read this rule recently (won't say where) and that he is in the right. He also said someone (never said who) explained the easement to him that way. The police officer said that it wasn't mine or his property and I was entrusted with the paper so he couldn't let Travis see them (I giggled so friggin hard at that).

 

So ANYWAY I have to get a bunch of crap done with the association to get this straightened out. Well after the cop said stay off and away I went to return the rules. When I got there I was talking with the woman I borrowed the rules from, and Travis decided to take his dog on a walk (mind you he never walks his dog) so basically he was listening in. So I'm talking to the woman and her husband and things and they of course are backing me up because Travis is a shitty neighbor to them too!

 

We started talking about his dog, JR. He is a really good dog but Travis isn't responsible enough to own a dog, just this year the dog started gaining some weight, he has been malnourished for two years according to different neighbors around here. I was teling her that I really didn't want to call the pound on the dog because he would end up being destroyed if Travis didn't claim him within five days.... I thought he would go to a no kill shelter but apparently I was wrong. So now I really don't want to call the pound. On the other side another neighbor said next time the dog was on his property he would kill it.

 

Now I don't know how serious he was, it might of just been in the heat of the moment but I really don't know what to do. I feel like I'm damned by calling but damn to let him roam. Apparently the dog has done some property damage to that neighbors house and when he confronted Travis about it he said ... and this is just supposedly... "Just deal with it" and I can believe he might of said something like that considering his actions in this matter.

 

So my mom, son and I left for lunch. Got back in time to see them once again on the property so I called the cops AGAIN and the same police officer came over. He was very disappointed in them for being back over, he thought they understood what needed to be done. He went back over there again and talked to them. I wish I knew what was being said but I have a pretty good idea it was bullshit. So after the cop got them to yet again 'understand' they let the dogs out.... two big dogs crapping in my yard. My brother in law came over to fish and I was asking him what to do and he is a big big volunteer for dog shelters.

 

Anyway here is the question: Did I do the right thing, because now they are PISSED at me and now a few people are worried about my safety since my hubby is gone for a month. What do I do about the dogs, I feel like if I take care of this problem too its just gonna make things worse.

 

And my mom thinks what I did was stupid and that I just should of let them do whatever but i have to say I'm fucking proud of myself for not letting this douche boss me around and try to scare me. Fuck him, and like my neighbor said "he is just a selfish, spoiled asshole who needs to be taught a lesson"... I'm gonna start documenting everything and when I have enough evidence I'm going to present it to the board and see if we can't do something collaboratively.

Views: 26

Comment by Aisha on June 19, 2011 at 8:29pm

If your board allows it, I would put up a fence.  and get a bb gun with rocksalt... works on both dog and man. Poor dogs tho its not their fault their owner is a prig

Comment by thesacredkitchen on June 19, 2011 at 10:01pm

The fence cost more money then we have right now but we are working on it. And yeah I feel bad for the dog because he does have such a crappy owner.

 

Lol... well that might work but I have a BB gun... I don't think cleaning it with Windex would be as threatening :P But I do appreciate the ideas guys lol thanks.

Comment by Strmraven on June 20, 2011 at 1:55am

In your deed (or are you renting) what are the easement terms? What kind of easement is it, what are the dimensions and conditions of care? If its' not in the deed, what is the easement for (power, sewer...) in which case, what business does he have claiming rights to the easement. Is he an employee of the power company working on the lines, or a sewer worker working on the pipes? All easement information should be in your deed, though.

 

If this is a residential subdivision with community stipulations, what is the residential committee doing about the issue? Not only that, what business is it of the residential committee to impose an easement, and what was it imposed for? Even night watch easements and security easements that allow security and neighborhood watch access to your property should have careful stipulations on who, when, and under what conditions to prevent privacy intrusions at the least. Not to mention, there will be procedures for reporting abuses that can have people removed from authorized residential lists like that.

 

The first thing you need to know about easements is that the property in question still belongs to the deed holder. The property defined by the easement terms is limited in it usage so that no permanent buildings can be put up that will limit access to, or through fare of the services. That means, if you have a sewer easement, you cannot but a permanent out building in that area that would prevent city sewage workers from gaining access to the line if it ruptures or for regular maintenance. The same is true of power line easements, with the addition that you should not plant trees within the easement right of way. All stipulations should be legally spelled out in the deed. If its not there, it isn't legally binding.

 

In the case of property access easements, meaning the property is land locked and there is no city, county, state, or other road access except through someone's property, the easement is surveyed and designated as roadway only. That means you can put and maintain a road on that specifically designated strip of land and even dictate who maintains it.

 

What an easement does not do, is guarantee access to anyone and everyone. Again, that property still belongs to the deed owner, not the company or party with the easement rights. The easement is designed to proved access by AUTHORIZED personnel with the knowledge of the owner. Even the power company cannot just show up and enter your property with an easement without your knowledge. They don't necessarily need your permission, but they are required to let you know at least 24 hours before they arrive that they are to be on your property. The exception is the property access easement, which is deeded and not restricted to appointments, but is restricted to who may access the property.

 

Here are some sites with information that may address your concerns...

http://www.avvo.com/legal-guides/ugc/easement-agreements-in-missour...

http://www.avvo.com/legal-answers/prescriptive-easement-law-in-miss...

http://www.lawchek.com/resources/forms/que/easement.htm

http://www.realestatelawyers.com/Easements.cfm

http://www.eugene-law.com/documents/Law%20of%20Easements.pdf

http://www.deq.state.or.us/wq/onsite/docs/easement.pdf

http://realestate.findlaw.com/easements/

 

 

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