farmerj disagrees with BelizeBreeze but Belize is silent Could he be wrong?

[dave berrey]

Thank you
But if a fence was along his border then could he not argue that it does impede his access.

This is the border with neighbor that has easement
________________________________

________________________________
this is the edge of the easement
as you can see he would not have any fences "across" the easement but without a break in the fence he would not have access either. I intend to put a break in the fence
............._________________________
| ^ < ......... <-------
|________________________________
|<------------150ft----------------------->|

at the end of the easement. Giving him access there. But could he claim he needed access along the entire length of the easement?
As far as your assertion that this is a pyrrhic victory- Not really- I am not the first person that needed to put a fence on their border. In this case it would mean that among other things I wouldn't have to listen to a pack of thunderous Harley Davisons revs, or at least it would be alittle less ear breaking. ( Which is another question I have -Why, just because they are made in America, do Harleys not have to have mufflers? Is it because now it is hip for lawyers to ride them?)

 

[dave berrey]

I put a copy of that diagram on the first reply because it may clear up some questions for new new comers?

 

[dave berrey]

For all those who would like to follow this tread I had a private message I would like to add to it-

After looking at your diagram and finally understanding what you're trying to do, I conclude you have a very strange access easement, which is why BelizeBreeze didn't give you an answer you felt was acceptable.

Usually an access easement is strictly a roadway. One opening at one end, one opening at an another. You seem to have an easement that permits access along the whole 150 foot length--in other words, not like a roadway.

The answer is I can't help you, and your best bet is to go to title company's in-house lawyer or a real estate attorney and figure out what your best course of action is. That's got to be a lot cheaper than building 300 feet of fence you might need to pull down anyway.

 

[dave berrey]

I am also including this for clarification PLEASE REPLY
I appologize to Belzi Homegu and any one else
could you find it in your heart to please add their wisdom to this thread?

(d)............(c)_________________________(b)
|< ......... <-------..........................
(e)|________________________________(a)
|<------------150ft----------------------->|
Thanks again,
I wasn't planning to put a fence on the western (a-e)side of the easement so it wouldn't be a "cattle run".
But I do want a fence (b-c) and leave a gap for a driveway (c-d). I have talked to lawyers from both camps- one says that there is no problem putting a fence (b-c) others say no that it would interfere with his right to choose where ever he wanted the driveway to be on at any given moment. I would be willing to leave a driveway gap in the (b-d) property border anywhere he asked but he wants the whole 150 free.
There is a major street to the south and a dedicated public road easement to the north that isn't being used. The most liberal interpretation of the easement might mean that I wouldn't even have to leave a gap, he could still use the easement for a driveway all the way and enter from the road easement to the north.
So to sum up-
you believe that it would not be a problem to put a fence along my (eastern) border? The reason being because the easement is for a driveway and that just because the fence post were technically in the easemet it would not interfere with his ability to use it for it's intended purpose. If so where and how long could I put the fence up in your valued opinion

 

[HomeGuru]

I am also including this for clarification PLEASE REPLY
Chance 3..........

I appologize to Belzi Homegu and any one else
could you find it in your heart to please add their wisdom to this thread?

(d)............(c)_________________________(b)
|< ......... <-------..........................
(e)|________________________________(a)
|<------------150ft----------------------->|
Thanks again,
I wasn't planning to put a fence on the western (a-e)side of the easement so it wouldn't be a "cattle run".
But I do want a fence (b-c) and leave a gap for a driveway (c-d). I have talked to lawyers from both camps- one says that there is no problem putting a fence (b-c) others say no that it would interfere with his right to choose where ever he wanted the driveway to be on at any given moment. I would be willing to leave a driveway gap in the (b-d) property border anywhere he asked but he wants the whole 150 free.
There is a major street to the south and a dedicated public road easement to the north that isn't being used. The most liberal interpretation of the easement might mean that I wouldn't even have to leave a gap, he could still use the easement for a driveway all the way and enter from the road easement to the north.
So to sum up-
you believe that it would not be a problem to put a fence along my (eastern) border? The reason being because the easement is for a driveway and that just because the fence post were technically in the easemet it would not interfere with his ability to use it for it's intended purpose. If so where and how long could I put the fence up in your valued opinion

**A: read my first post in this thread.

 

[dave berrey]

**A: read my first post in this thread.

okay folks here is what guru has to offer in his first answer
**A: yes, I don't know what the hell you are talking about. Reason being you started a new thread (and not the first time) rather than posting on your initial thread. And even after I posted with instructions to your thread that was posted after the initial thread. I do not have the time to go searching for your initial thread. Next time follow directions. Good day.

 

[dave berrey]

okay folks here is what guru has to offer in his first answer
**A: yes, I don't know what the hell you are talking about. Reason being you started a new thread (and not the first time) rather than posting on your initial thread. And even after I posted with instructions to your thread that was posted after the initial thread. I do not have the time to go searching for your initial thread. Next time follow directions. Good day.

Please is there anyone out there that has a opinion and has not yet be offended'? Guru swears he has the right answer but refuses to tell me because i was quote "pissy". I'm just at wit's end. There has to be someone out there smart enough to understand and has an opinion. If belize and guru weren't so egotistical they would come down off of Mt. Olympus and lend me/aka jackass their wisdom. I know that They know that they misunderstood what I was telling them about the easement and I know that they are curious enough to have read the rest of this thread and I know they are smart enough now to tell me the answer. I know they are reading this now. But I know they won't reply and will act like they don't care and I know they do. So I'm begging the rest of you to take pitty on this humble jackass and pass on some of the wisdom that you are endowed with. PS Try to excuse my spelin cuz I not two smart.

 

[Shay-Pari'e]

Please is there anyone out there that has a opinion and has not yet be offended'? Guru swears he has the right answer but refuses to tell me because i was quote "pissy". I'm just at wit's end. There has to be someone out there smart enough to understand and has an opinion. If belize and guru weren't so egotistical they would come down off of Mt. Olympus and lend me/aka jackass their wisdom. I know that They know that they misunderstood what I was telling them about the easement and I know that they are curious enough to have read the rest of this thread and I know they are smart enough now to tell me the answer. I know they are reading this now. But I know they won't reply and will act like they don't care and I know they do. So I'm begging the rest of you to take pitty on this humble jackass and pass on some of the wisdom that you are endowed with. PS Try to excuse my spelin cuz I not two smart.

Yes, you can put a fence up. Yes you can post any sign you wish. Do you think you could go away now? You are soooooooooo repetitive. How many answers do you need?

 

[BelizeBreeze]

I have been seeing things from an outside perspective for about 8 months,
and it's about time I spoke up.

You have seen things from an outside perspective and yet only a member for one day (less when you posted this). Which makes you either a liar, a formerly banned member (tee hee) with an agenda or a time traveller.

I'll let you guess where my vote lies

 

[HomeGuru]

I have been seeing things from an outside perspective for about 8 months,
and it's about time I spoke up.

This completely differs from the original subject/thread, but there is great truth in what I am writing. HomeGuru, read on 'cuz this strictly applies to you. (Belize, you should tag along as well).

(According to u HG), u possess great knowledge of the law;
However your arrogance, stupid sense of humour, rudeness to others, and lack to give appropriate advice at the moment is way below zero.
To prove my points, over time, you are or have been acting like an ******* to the following users:
yomama, WAmoldconcersn, gowest, IAAL (in the past) John T, Elvis, RR6956, annefan, nyzat, cvillecpm and many whose threads which contained the truth about you which you have smartly gotten removed. You piss ppl off, expect them to give you respect, yet you hardly do it vice-versa, and now you're bothering dave berry.

Honestly, y dont u get ur ass of off this website altogether, do everyone a HUGE favour so nobody has to put with ur whining/complaining about others ruining this site, and get interested in other things.

Sorry to those who really devote their own time to lend a helping hand,
like Ciarraine and Farmer J, but this jerk is too thicked-headed and will never admit that he's acting like a complete jackass.

P.S. To those that venerate HG, Belize, or think highly of them and are offended by my post. Be offended. I don't care. This is my last visit to this website. HG, Belize; Don't even bother to reply, because:
a) I assure u that I will be gone from this website for good after this post
b) I really don't care about ur garbage on how ur going to "try" to get me back for this.
c) There are at least a dozen others that share my opinion on both of u.

**A; thank you for your post. I am not the least bit offended because I don't give a rat's ass what you think. This is a free country and the writer is free to hire and pay for an attorney. Why doesn't he want to do this? Because he wants free advice. People like him must learn that if you want free advice here, you must have a good attitude and follow directions from advisors who can help. Had he followed my directives in the first place, I would have gave him my advice.

 

[dave berrey]

Guilty as charged - I wanted free advice because I when I pay for the advice it is still contradictory. I am not offended by your respones but I would like someone that believes that I cannot put the fence up (which the language of the easement could possible imply)-would chirp in and add a thing or two. Yes- to those that have helped me- I hope that you don't feel I have been too thick headed. I have learned alot here on this great website, and some of what learned is about myself. To farmerj , ciarraine, bdunham7, and others that have helped me- Sincerly I thank you for your patience- your kindness and for your advice.
Like Rodney King Says "can't we just all get along?"

 

[Ciarraine]

Let's all sing "Let the Eagle Soar" by Attorney General John Ashcroft and hold hands and eat marshmallows while we do a group hug. It will be so healing.

 

[gryndor]

Let's all sing "Let the Eagle Soar" by Attorney General John Ashcroft and hold hands and eat marshmallows while we do a group hug. It will be so healing.

LOL, such an image!

OP: You are incredibly repetitive, irritating, and verbose. You got your free answer, and if you want anything more specific, hire an attorney. As to your attitude/thick-headedness, please refer to my signature. I know you probably won't listen to its sage advice, but I think it's worth saying.

P.S. Bashing the bigwigs here is a great way to get yourself banned.

Breezy: "(tee hee)" was awesome!

 

[dave berrey]

Let's all sing "Let the Eagle Soar" by Attorney General John Ashcroft and hold hands and eat marshmallows while we do a group hug. It will be so healing.

Coom by ah coom by ah _ Believe me I'm no John AshCraft- But I would be willing to eat a little crow ifin I could get a informed answer about my fence. I know my nieghbor has the best lawyer in town so I have to have my ducks in a row if I decide to put up a fence and he takes me to court over it. I know it seems as though I am repetitive and I know I am, but if you read the thread carefully you will find few if any beside yourself that really understand the ambiguity of the easement wording. I am still pleading for help- from mt olympus or hades-
your humble stupid

 

[dave berrey]

LOL, such an image!

OP: You are incredibly repetitive, irritating, and verbose. You got your free answer, and if you want anything more specific, hire an attorney. As to your attitude/thick-headedness, please refer to my signature. I know you probably won't listen to its sage advice, but I think it's worth saying.

P.S. Bashing the bigwigs here is a great way to get yourself banned.

Breezy: "(tee hee)" was awesome!

I hope Breeze is as embrassed by this backslaping boot kissing lackie as I think he is. And please don't lump me with tee hee I never asked for his support. I haven't a clue about the past. Must have touched a nerve. I hope he is not right or this place really is run by tyrants.