Posted by John T Country Lawyer on December 21, 2007 at 17:48:57 from (66.244.83.147):
In Reply to: Attempted Easement posted by KEH on December 21, 2007 at 17:02:41:
KEH, In juisdictions Im familiar with there exists an action by which the Court can grant and order an easement across a respondents property based upon the petitioners Necessity such as he's otherwise landlocked.. And you are indeed correct it dont have to be in just one particular spot.......... HOWEVER the law does NOT favor a person who has due to his own fault become landlocked. Say a farmer previously had access to his land but due to circumstances beyond his control such was no longer available, the Court wouldnt mind granting him an easement BUTTTTTTTT they dont like it near as well as for a johnny come lately developer.
BUTTTTTTTT we all know how money n power n politics works in small towns i.e. if big shot developer who plays golf on wednesdays with doctors n lawyers n judges wants an easement across your farm HES LIKELY GONNA GET IT grrrrrrrrrrrrrrrrrr
Andddddddddd as a matter of strategy if another dude wants an easement across your land, you dont have to fight it or prove or win anything at first, simply quote him a high figure to sell it n let him rant n rave n scream n holler n you sit back n grin,,,, n if he dont wanna pay it let him pay the lawyers bug bucks to try n get it say by necessity PLUS he stilllllll has to pay you. Thats where a good legal opinion as to his chance of success is worth a bunch of cash. If theres a good chance he will win you cant charge him much to settle out of court but if his chances are slim the skys the limit far as youre concerned,,,,,,,,say just how bad do want an easement????????
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