Recent content by Joe Potter

LdiJ, We are really tired of you accusing our family of having ulterior motives. We’re done here. Thanks to everyone else for your help.

We mentioned before that we we're thinking that a prescriptive easement holder has a quasi-ownership interest in the lot even though it isn't recorded. so that is something we can look at a little closer. a couple of affirmative defenses that came to mind are "wrong party", and "proximate...

Taxing Matters, you're absolutely right. Nothing wrong with making a profit. I guess we wanted to re-state the more important part of the question we had. that is; As we anticipate receiving a civil complaint by the new owner of the lot, which would necessarily indicate that they were not...

We just wanted to say how much we appreciate everyone taking the time to engage in this thread. We’d like to make a couple of other comments. Since the tree cutting became such an issue, we’d like to point out that; older mature trees around here almost always have about a dozen small stunted...

quincy, Absolutely 1000% correct. Thank you!

Taxing Matters, Thank you so much for your insightful post. You nailed it. We wanted to comment on how the foundations of California real estate law, is rooted in old English common law. It might seem politically incorrect these days to an urban dweller, that it is important to keep land...

Thanks for the posts, everyone. This isn’t at all where we wanted to go with our question, but we’d like to address the tree issue first. LdiJ has proposed that easements which are granted by the owner, are completely different than those that are acquired by prescription. There is no basis...

LdiJ, I wanted to sincerely thank you for your last few posts and replies. I showed them to a couple of family members, and they pointed out that, whether intended or not, you provided a platform for us to defend our past actions, not just legally, but on moral grounds. Your reaction to our...

quincy, yes you are absolutely 100% right on with your assessment here. you nailed it. So that's why we we're here looking for input. Just trying to prepare for a possible future lawsuit. I think you're also correct about F needing to be the one to initiate an action against C,D, and E. We...

LdiJ, Thank you for this reply. If I may, I’ll paste and comment. Just because something can be attached to property by agreement doesn't mean that everything that can be attached to property can be attached involuntarily through a prescriptive easement. That’s not what Cal civil code 801...

Thanks LdiJ, and Zigner, We understand your concerns because those kinds of extensive rights are not common, but they are legal. A Portion of California Civil Code 801 This is what is listed in CA Civil Code 801. This is not a list of types of easements, but things that may become easements...

LdiJ, Thank you for your excellent reply. I hope it is ok if I do as before, and paste and comment on what you’ve said. A is claiming a prescriptive easement but that hasn't been established in a court of law. I don't know if it would even be possible to try to claim it in a court of law...

Quincy, we expected (F) to show up immediately after the sale and post signs, and start a fight, so we proactively went to explain the situation with the Sheriff. Now it’s been almost 2 years and no sign of (F). That’s why we are here, we think it’s only a matter of time. That said, I was...

Yes quincy, that is our concern as well. No one on our side wants confrontation, especially a violent one. That is exactly why A+ sent certified letters to those involved in the sale, to try to insure that any buyer would be informed, and therefore either accept the property as is, or use...

Quincy, Wow, thank you for your awesome reply. You got it close, but not quite right. I’ll paste and edit; One 20 acre unimproved parcel was originally purchased by A, adjacent to Lot 1 and Lot 2 which were owned by B but used by A+. (B purchased lots 1&2 and never returned during following...