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I need Legal advise

Old 02-26-2008, 09:12 AM
Boone & Crockett
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Join Date: Dec 2005
Location: Southwest Ohio
Posts: 10,277
Default RE: I need Legal advise

Shoot back?
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Old 02-26-2008, 09:39 AM
Boone & Crockett
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Join Date: Dec 2005
Location: The Republic of Texas
Posts: 11,864
Default RE: I need Legal advise

ORIGINAL: coalfield outfitter

My last lawyer said to be grandfathered in you had to own it for 15 years.
As I said before, you really should check with a board certified real estate attorney. I don't think it's limited to just how long YOU have used the easement, but how long you AND your predecessors in title have used the easement.
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Old 02-26-2008, 12:17 PM
Join Date: Apr 2005
Location: Missouri
Posts: 1,429
Default RE: I need Legal advise

GET A BETTER LAWYER! Or let him have his way. What he's doing is wrong and illegal. The sherrif and deputy broke the law if they didn't write a report on the incidents. You can fight this but It will cost $$$$$$$$$
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Old 02-26-2008, 12:38 PM
Fork Horn
Join Date: Jun 2007
Location: Louisiana
Posts: 364
Default RE: I need Legal advise

Get the federal law involved as it seems city law is corrupt. I would open as many doors as possible and get the calvary involved and if you can find a good lawyer that knows you have a good case then you both can get paid and with that money you could expand your outfitting business.
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Old 02-26-2008, 01:22 PM
Fork Horn
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Join Date: Feb 2003
Location: Columbia SC USA
Posts: 376
Default RE: I need Legal advise

Go well outside of your county for legal advice. If any marketable timber because of the burn was lost you have a civil suit. He cannot stop you getting to your land if no road goes to or touches it other than what was historically there. Check the deed for you property in may be there. Have a cell phone with video with you during all further interactions. He may just trip himself up.
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Old 02-27-2008, 04:26 AM
Typical Buck
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Join Date: Aug 2004
Posts: 864
Default RE: I need Legal advise

The length of time may vary from state to state a little bit but if you have openly and conspicuously made use of property, the road, for the minimun number of years then you have by adverse posession got a right to use it. If you used it because you were given permission by the rightful owners then that time does not count toward adverse possesion.

If the "road" was ever used by the public as a county road then it is still a public right of way unless the county went to the effort to publicly declare it abandon. Then almost NEVER do that and I don't think they CAN do it with out consent from every property owner on the road.Other wise once the county has a right of way it is always their right away no matter if they use it every day or not for 50 years. The county's right of use for that road extends only to the most common point of use. That means it's not a set amount like 25 feet or any of that kind of baloney. If the road was gravel the right of way extends to the edge of the gravel. If paved it extends to the edge of the gravel. That is it. Not the ditch, not the trees. Only to the edge of the pavement.

99.9% of the time this is the case. Only on state highways has the right of way ever been PURCHASED for the purpose of a road and so only there is there any right of use by the state orcounty beyond the pavement.

Even if you get a lawyer, you better KNOW the law and be ready to spoon feed him what he needs to do because most of those kids don't know diddly squat about this topic. They'll just go along with the same wifes tales and bull crap they've heard and been told and not be much more help than your wife's brother's cousin.
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Old 02-28-2008, 11:41 PM
Typical Buck
Join Date: Jan 2008
Location: kentucky
Posts: 577
Default RE: I need Legal advise

I live in KY also,I have an old abandonned road that used to run through my front yard it connects to a peice of land about 300 yards down,it hasn't been maintained for the 11 years that i've lived here,but we cant get it closed because there is property owned by another person at the end of it,we have pasture land on both sides and being able to connect them would be great no more chasing cattle down to move them over.The owners are from out of state and cant sell it until the mother dies she's in her 90's and in a nursing home,I haven't talked to them in 9 years but the road is still open and nobody can travel it without a 4 wheel drive,so I beleive if you go out of town where he may not have friends in the court house you could get something done,I would call Frankfort and talk to some one in the state not county government.Good luck I'm glad I have no neighbors unless someone decides to build on the land I've been talking about,but I beleive that the kids will sell when mom passes and the deed is not locked up legally.And like some one said shoot back,just aim better,a good lawyer can get you off for self defense or temporary insanity!!!!
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Old 02-29-2008, 01:58 AM
Join Date: Dec 2007
Location: jackson co. texas
Posts: 61
Default RE: I need Legal advise

wetlands have rec value to you and your family who use it, his negcreated a loss he should be liable for
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Old 02-29-2008, 06:27 AM
Typical Buck
Join Date: Aug 2005
Location: Texas
Posts: 575
Default RE: I need Legal advise

I think you ott to kick his *ss........oh wait, wrong post. There's a jack*ss is every group........consult with a layer that isn't his friend and see what can be done, if nothing than its over.
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Old 02-29-2008, 12:02 PM
Fork Horn
Join Date: Sep 2006
Posts: 177
Default RE: I need Legal advise

You can file a small claim or a civil claim against him for damages for burning your property.Even if it'd just for wildlife habitat.Also every state has laws on landlocked land.I agree get a lawyer from another town and document every incident.Contact the state fire marshall office and talk to them about the arson.
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