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Civil / Real Property suit Defendants

Discussion in 'Alternative Dispute Resolution' started by Lisa Phipps, May 12, 2021.

  1. Lisa Phipps

    Lisa Phipps Law Topic Starter New Member

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    Thank you
     
  2. shadowbunny

    shadowbunny Member

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    No one is stopping you from lending your "non biased ear" -- you can just as easily do that at someone else's place. Or a coffee shop. And the fact that you say you have to stop because of this lawsuit is so over-the-top dramatic that I'm beginning to think your neighbor isn't exaggerating.

    If even half of the allegations are true then you are a nightmare neighbor.
     
    justblue likes this.
  3. Lisa Phipps

    Lisa Phipps Law Topic Starter New Member

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    No one believed in good people anymore. Love thy neighbor as thy self. Just have a genuine care about the happiness of others. Smile spread cheer and good feelings. These things are long gone for most people in this world. All but a few care only about themselves and their happiness. Couldn't care any less about what their actions cause others. Nope. Not as long as they get it their way..
    I'm so ready to go home.
     
  4. shadowbunny

    shadowbunny Member

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    Oh, Lisa. Stop with the pearl-clutching dramatics. You're acting as if you're the last good person on the face of the earth. Just stop it. And if you want to have ANY shot at a favorable outcome you need to stop this "woe is me" stuff. It's no wonder your neighbor didn't address you directly if this is how you behave.
     
    justblue, zddoodah and army judge like this.
  5. zddoodah

    zddoodah Well-Known Member

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    You remind of people who, when caught being obnoxious, say, "we were just having fun." Yeah...and your fun (or whatever you want to call your amateur neighborhood therapist gig) comes at the expense of others' quiet enjoyment of their property.
     
    justblue and shadowbunny like this.
  6. army judge

    army judge Super Moderator

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    One of the many wonderful things about this great nation is that if you wish to move from Point A to Point B, no one or nothing will stop you.

    There are so many positive things to being a CITIZEN over a SUBJECT or a NUMBER.

    I hope you get this sorted and continue to enjoy ALL of the freedoms this nation provides, thanks to those who stand ready today to keep us free tomorrow.

    A great big thank you to all of those men and women who helped preserve our freedoms by wearing one of our nation's military uniforms.

    I am never ashamed or scared to say it loudly and proudly, I love this nation (even with all of her faults) and am happy to have been born in one of her 50 states.
     
  7. Lisa Phipps

    Lisa Phipps Law Topic Starter New Member

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    How would
    How would he know how I behave. He has never been around me. He cant see my house from his. I wasn't even living at that address when the complaint was filed. But since you seem to know me all so well. Please, enlighten me on how I should be behaving.
     
  8. Lisa Phipps

    Lisa Phipps Law Topic Starter New Member

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    That is a beautiful statement! Thank you so much for posting this. You have given me a boost in spirit! God bless you.
     
  9. welkin

    welkin Active Member

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    But that has nothing to do with the misuse of an easement. Does it?

    So if a trespasser drives up your driveway and dumps a load of crap that's your fault?

    You may be an attorney but you are no easement attorney because you know very little about easement law.

    Why don't you go back to your post and back up your answers with actual statutes and case law. Do you remember how to do that?

    If an easement grant does not put restrictions on the use of the easement, there are none. That means that the dominant estate can use the easement any time for any purpose that is not inconsistent with the intended purpose (ingress/egress).
     
  10. Lisa Phipps

    Lisa Phipps Law Topic Starter New Member

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    Wow! Strong opinion for such an acquaintance.
     
  11. Lisa Phipps

    Lisa Phipps Law Topic Starter New Member

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  12. zddoodah

    zddoodah Well-Known Member

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    Because I save the good stuff for the people who pay me.

    Wrong again. The holder of an easement is subject to the same restrictions as any property owner.
     
  13. Tax Counsel

    Tax Counsel Well-Known Member

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    The point, which you missed, is that just the fact that one is not a trespasser does not mean that the person is not liable for what he or she does there. In that respect, his example is on point.

    No, but if I invite someone onto my easement and he dumps a load of crap on the easement thus violating the easement then that falls on me.

    Your snark on this is misplaced. I too am an attorney and disagreed with your assessment that "it's a joke." I don't know what your knowledge of property law and litigation is, but I can tell from your assessment that you either do not know it as well as you think you do or did not carefully read that complaint to really understand what was being alleged.

    So far I am the only one to have actually cited GA case law. You haven't bothered, so before you ask others to cite GA law, I'd challenge you to do that to support your contentions.

    The whole point here is that the plaintiff is alleging the easement is being misused, i.e. being used in a manner that exceeds what the easement allows. If the plaintiff's allegations are proven to then he has a good claim to pursue here. We don't have all the evidence that the court will see, and you seem to be assuming some things that we don't know, like what exactly the easement allows Lisa to do. In litigation, a smart attorney never assumes anything, and while you are not an attorney, you likewise would do well not to assume things that are not stated.
     
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  14. zddoodah

    zddoodah Well-Known Member

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    I still have the complaint in my download folder, so here's the operative language: "Also conveyed herein is an easement for ingress and egress to a 20' drive way running from the south side of the property conveyed across and over Grantors['] property which lies south of the herein described property to the east right of way of Spring Place Road."

    The complaint rather clearly alleges conduct well beyond "ingress and egress."
     
  15. welkin

    welkin Active Member

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    The dominant estate is not a property owner when it comes to the easement. Therefore, they are not held to the same standards with respect to the easement. An easement is a non-possessory right to use someone else's property. What happens on the property the easement serves has nothing to do with the use of the easement unless it overburdens the granted use of the easement such as running a business when the easement was granted for a residential property or the easement was extended to non-covered property.

    What conduct would that be? The use of the easement at all hours of the day and night or the number of vehicles or that someone tossed a wrapper out the window?

    Nothing in the complaint alleges a misuse of the easement. It perhaps alleges nescience or ,trespass on the servient estate but not a misuse of the easement that is inconstant with ingress/egress.

    .
    You posted the only case you could find in Georgia case law that used the term of the art, abused the easement.


    First of all you don't know what the grant allowed or not. And I will say again, that nothing in the complaint is or would be in violation of an ingress/egress grant. Use of the easement by the dominant estate at any hour is not abuse. The number of vehicles that use it is not an abuse of the easement.
     
    Last edited: May 20, 2021

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