Arrested for owning an maintianing a easement

[aaasinger]

Let me start from the start . I am the owner of a ten acre parcel in north Florida, having been giving to me this property as an action of a probate court tending to the duties of handling my grandfather estate at which the parcel was distrubuted to myself. in 1976

The parcel in question is landlocked buy lands and is a in rural area, all around it is undeveloped, be it only one parcel stands between the nearest public HWY a distance of 216 feet more or less there has been a pathway to this property between said parcel. the pathway, the easement, of sorts is one in the nature of the unrecorded varity and it has been in its undisturbed other than mantaince,fully used state for a period of 57 years

Bring in the new owner of said parcel that is in between the road and my parcel of land
he bought in 2001

This is where it either gets funny or sad . You be the judge. on a day less then 90 day from this typing, me and my invitee were busy tending to the said easement falling limbs
that were incroching on the path and mantaining the path so as not to lose it. The new owner shows up and as i was in very act and in action with a fully running chainsaw falling a limb said new owner aproches me thus grabing me and this very real and instant running chainsaw applied to a limb. i reacted as to the shock of a person grabing someone in the throws of
operating a instant running chainsaw and the wrisk that i now find myself involed in. This mortal battle and acting out of fear for self and for the reasonable fear that this could result with one and or both of these now combatants to be suverly ingured i struck this person the (Attacker). i did with a closed fist offered one blow to the left cheak of this person that was all that was needed at the time. the aggresser no longer wishing to continue this threat now controled and nethier wishing to continuie i called for the law
via cell phone.

Bring in the law. A Deputy arrives in 15 minutes (Good Service) or so i thought
deputies take both statements from the partys in play here. after close to 2 hours after they arrived somewhat perplexed as how to move on and in this situation and much to my shock i find myself cuffed and on my way to jail with the charge of simple battery and me and my invitee have matching trespass warning. meaning we can now no longer even go to my land or we now take the threat of arrest if we chose to go to said land

is this possible ? ( I will hold out to this forum that is just what is in play today)


I'm sure there are some questions as to more details, this is just a thumbnail sketch
looking forward to see what this might bring, be it pro or con

 

[aaasinger]

scroll up just testing

Test test test

 

[NYClex]

whew, this really depends totally on the minute details of the case.

Basically, if the easement is not recorded it is disputable. If you enter someone else's land, it is an unlawful trespass. Even if the easement would allow you to travel through the land, it is not clear it would allow you also to cut trees or other things on someone else's land. That again would probably be unlawful trespass. You would be civilly and criminally liable.

Now, you operate a chain saw and suddenly, without warning are being touched. You could argue that a reflex reaction made you to do something.

Battery usually is to be intentional. So if it can be argued, that you only out of a reflex turned and thereby somehow touched the other, it would not be a battery.

But if you somehow fought with that person, things get stickier. The moment you intentionally touch a person, and have no legal privilege to do so, it is battery.

One defense to a charge of battery would be self defense. But now the other circumstances come into play: if you were illegaly on the land of the other, and that landowner touches you, he might have a right to do so and you would not have a right to defend yourself against this.

You see where I am going. This can easily become complicated. Therefore, since you face criminal charges here and could be sued in civil court, too, I guess you better consult an attorney. He might find a way to sort all this out and negotiate with the prosecutor and the landowner.

 

[aaasinger]

He are some of the Statutes that control here

The 2004 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY Chapter 704
EASEMENTS View Entire Chapter

704.01 Common-law and statutory easements defined and determined.--

(1) IMPLIED GRANT OF WAY OF NECESSITY.--The common-law rule of an implied grant of a way of necessity is hereby recognized, specifically adopted, and clarified. Such an implied grant exists where a person has heretofore granted or hereafter grants lands to which there is no accessible right-of-way except over her or his land, or has heretofore retained or hereafter retains land which is inaccessible except over the land which the person conveys. In such instances a right-of-way is presumed to have been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of egress, or ingress and same is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved. An implied grant arises only where a unity of title exists from a common source other than the original grant from the state or United States; provided, however, that where there is a common source of title subsequent to the original grant from the state or United States, the right of the dominant tenement shall not be terminated if title of either the dominant or servient tenement has been or should be transferred for nonpayment of taxes either by foreclosure, reversion, or otherwise.

This one is at full play i think ! and i Think the Legislature of Florida gave me my way of nescessity or my easement and the rigths that attach

(2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW RIGHT.--Based on public policy, convenience, and necessity, a statutory way of necessity exclusive of any common-law right exists when any land or portion thereof outside any municipality which is being used or desired to be used for a dwelling or dwellings or for agricultural or for timber raising or cutting or stockraising purposes shall be shut off or hemmed in by lands, fencing, or other improvements of other persons so that no practicable route of egress or ingress shall be available therefrom to the nearest practicable public or private road. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under, through, and upon the lands which lie between the said shut-off or hemmed-in lands and such public or private road by means of the nearest practical route, considering the use to which said lands are being put; and the use thereof, as aforesaid, shall not constitute a trespass; nor shall the party thus using the same be liable in damages for the use thereof: provided that such easement shall be used only in an orderly and proper manner. History.--s. 1, ch. 7326, 1917; RGS 4999; CGL 7088; s. 1, ch. 28070, 1953; s. 220, ch. 77-104; s. 1, ch. 91-117; s. 788, ch. 97-102.


The parcel of land at play is indeed landlocked by lands and fenced off and is desired to be use for a dwelling excecpt the new owner of the parcel that is between the road ei HWY and my land has installed the fence yet has left a gate opening at the persist place of the said easement with no gate yet installed. till the day after the attacker then he placed a chain across it. Is this (unreasonable refusal ) of the right for a landlocked property owner not to have any other way to his or her property available to them (This new owner has has over a period 10 years bought all the surrounding lands be it to the North,South,East, 120 acers more or less and the last parcel to the West, the one between the HWY and my lands i,m smelling a land grabber hence the chain)
this easement having been used for over 50 plus years I have looked for caselaw as to these set of situations in play here and finding out this is
or might be the first case where a serviant land owner has personly attacked the dominant
easement owner on the very easement itself there might be some new easement law put on the books as to this case i will keep those of interest updated
Let me know what you think
and be it i could use all the help one could get

Thanks

 

[aaasinger]

Going to trial looks like

We are heading to pretrial on the 22nd

 

[aaasinger]

New update this is (Wow) who could no that this would drag out so long

pretrail Oct 22nd 04 as stated. Turned out to be a wild and not so wonderful ride down the long ride yet to come. it would appear. To Start on that day 22nd the County Judge recuses himself do to a personal knowledge of the person that pressed the charges. well there are two more county judges left in this county they both that same day also recused themselves having a personal knowledge of the person pressing charges. OK now the waiting game. Waiting on the county clerk of court and the cheif judge of the circuit to seek and find a, out of this county judge to precide over this case. two months pass and a judge is found. back to court on Jan 10 04 judge in chambers, State Attorney walks in and states that they two have a conflict of interest with the allaged victim in this instant case and they are now getting around to getting around to senting a letter to the governor for a special prosecuter from a another curcuit to prosecute this case how long can this take ? this is starting to smell just a bit
justice delayed is justice denied i need and long for to have a court and believe it or not yes even a state attoney across the table from me. this is one of the saddest thing that could ever happen to a Criminaly charged person no court to speak of and no prosecutorand charged never the less just how rare is this? i need my day in court and feel strongly that a win is in the cards but no court or the court is waiting on the the State to get its act together and this is all aver a Easement PPPPLLLLLZZZZ

 

[aaasinger]

This is Still on going

Even at this late date. meet the court for the first time 03/15/05

 

[aaasingera]

Not Sure how to tell all about easements and Arrest

The one thing i can tell you all at this late date in the game is never own a landlocked parcel of land in North Florida and live with the hope that law enforcement and lawyers and Courts understand easement law

This cause has been in court from the first post in 2004 and is still a active and ongoing cause today.

The thought of serviant vs dominant land owners battle is the parcel that abuts a road or a HWY or a privite drive is the dominant land owner and here in north Florida it is a crime to access your landlcked parcel of land that dose not abut a road of a HWY of a privite drive.