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Old 01-20-2006, 04:27 AM
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Join Date: Jan 2006
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Default prescriptive easement

My family has been in a lawsuit for almost a year over an easement. Here are the facts as I know them: I own about 40 acres of land in Arkansas in 4 different sections 30acres in one sec. almost 6acres in another about 2 acres in another and another 2 in yet another section. I aquired the first 3 tracts in 1955 and the last 2 acres in 1997. In 1980 I deeded 2 acres to my son and his wife to build a house.(the two acres came from the 30 acres so I know own 28 acres in that section) Lost yet? When it came time for my son to get a loan from the bank they needed a easement. There was already a road going to his house place half of the road was on me and the other was on my sister-n-laws property(which I leased from early 1960's until 1999) the road has been there for over fifty years even before she got the land, also my sons driveway turns and goes on my property and yet behind hers and the original road keeps going straight to other peoples property(which there is an easement on record) including some of mine. So the bank did all of the paperwork and got it surveyed on the survey it shows all of the roads and fences but in the easement description it is worded wrong but the picture is right. Also my driveway connects to my sons so he has access to part of his driveway if he comes down my driveway but that is not what the plat shows. In 1999 she agreed to sell her property 34 acres to me and my son, we had a contract drown and all parties signed but no monies were tranfered between us although my son had it recorded at the court house. Well a few weeks after we agreed to purchase the land she contacted us and said she decided not to sell the land so we didn't know what to do and I have a friend who is a lawyer and I mentioned it to him and he said there was nothing we could do because no monies changed hands. So we never did anything else. Well about six months later she sold the property to a neighbor and he then sold some of it to his daughter and about 16 acres to neice and being a "good" neighbor he sold about 4 acres to my son at an inflated price of course because we had to get our section surveyed etc...o.k. his neice and her boyfriend bought the part that some of my sons driveway is own(also all of the utilities run down the same driveway) well a few months after they(neice and boyfriend) bought there part they had it surveyed (I think) because he erected metal post were he said the lines were. After many verbal disputes between my family members and him he never brought it up agian until April 2005 When he put up a gate across the beginning of my sons driveway. We called the sheriffs office and they came and advised us it was a civil matter so my son hired a lawyer and got a court order to have the road unblocked then in August 2005 somehow the gate was locked and the next morning my son's wife called the sheriffs office and a deputy came out and we showed him the court order and he said "this court order means he SHOULD NOT lock the gate and he SHOULD NOT block the road" and basicly if it were his driveway he would find a way to get down it. well that happened to be on a Saturday so on Monday My son went and got a copy of the police report for his records and also contacted his lawyer the lawyer was furious that the deputy had not contacted the "landowers" and discussed the court order with them. The lawyer also contacted the sheriff and discussed the matter and it was still a couple days until the gate was opened. Since then there have been about 5 other times that the driveway has been blocked to where noone could get down it. We were told that we would have to take them back to civil court and prove he blocked the road for him to be held in contempt also durning this time criminal charges have been filed aginist just about everyone in our families although at this point no one has been to court. So finially we got them the "landowner" to court over the contempt charges and the judge didn't really do anything but make it clear that the road was not to be blocked for any reason(he tried to say he was only making inprovement to the driveway all the other times it was blocked) also we only went to court for the last time it was blocked which was on jan 2nd and 3rd of this year he dug the culvert up and left it out for aleast a day and then he just pushed the dirt back in and left the culvert out so now it is very muddy since it's been raining. So we now have a court date in March over this matter. What is this matter? I thought it was over where the property line is because Arkansas State fence law states that the fence is the line which would mean I own the road and then the easement disagreement would be settled. Well no, it seems we are going to court about the easement only so since the decription wording is messed up about the easement the lawyers say it doesn't matter because the road has been there for over fifty years and the utilities have been there for about 25 years therefore we can get a easement by prescription, but the property line dispute will be a seperate lawsuit with me suing them instead of my son and his wife. After $8000.00 and still not finished I think the other suit should be included! I'm sorry for rattling on and on but I am very upset over the whole deal and also very nervous if there is anything that does not make sense please contact me because I only hit the highlights theres lots more. Please help me feel cofident agian. Thanks
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Old 01-21-2006, 07:40 PM
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Join Date: Dec 2005
Posts: 53
Default

Very long post...could you reply with only the key issues? That will increase the likelihood of getting a response here. :-)

Brad
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