Easement Right

[sbnation]

We purchased some property recently that bordered a small one-acre private lake. Our recorded title clearly states that our property goes all the way to the water's edge of the lake and that we have an easement to use the lake for our benefit and enjoyment. Yesterday, I walked down to try to fish and the owner of the lake came running over and said that I had no right to fish there. I explained to him about the easement. He called me a liar, threatened to shoot me and started yelling and using profanity. Today, he brought his gun down to the lake and start shooting into the air and then walked over onto my property and nailed No Trespassing signs onto the trees near the lake, trees that are clearly on my property. He say it does not matter what my rights are because he has pet fish in the lake and I may hurt them. What is my recourse in this situation?

 

[seniorjudge]

I'd call the cops when the gun comes out.

But as far as the civil matter goes, hire a lawyer to write him a strongly-worded letter.

 

[sbnation]

This dispute was already settled once in court by the previous owners and it states clearly on the copy that we have of the Superior Court Affidavit that the agreement passes on to future owners.

We thought if we call local police, show them the court papers and ask them to enforce the law that has already been settled and agreed upon, that they might be willing to go over to our neighbor and get him to come take his signs down from off our property and stop harrassing us.

We would have gone over and talked this over with him long ago but he has six dangerous dogs and we are reluctant to go over on his property because of this.

 

[seniorjudge]

...

We thought if we call local police, show them the court papers and ask them to enforce the law that has already been settled and agreed upon, that they might be willing to go over to our neighbor and get him to come take his signs down from off our property and stop harrassing us.

....

The cops will say, "This is a civil matter." And they will be right.

Waving a gun around and shooting it are not a civil matter.

 

[sbnation]

We had our lawyer research what was on record at the county courthouse. The Easement was signed by the two propety owners previous to us current ones and witnessed in Hall County Superior Court in May of 1989. Both owners agreed in writing that the easement right would pass to all heirs and future purchasers of the property titles on both sides. This is recorded at the Hall County Court House. In addition, the recorded survey of our property shows that our property line runs far past where the new owner posted his No Trespassing signs. Yesterday afternoon, we called a county sheriff's deputy and he came out and we showed him all our paperwork and the illegally posted signs. We told him about the threats on our life and on our dog. He went next door and confronted the angry neighbor. He told our neighbor that he could not come unto our property, waving a gun around and threatening to shoot us if we used the lake. He told him about the legal documents we hold. The neighbor said he intended to put up a fence all the way around the lake. The deputy told him he could not until he got that cleared from a judge. There are posts that show our property line down at the lake and waterin the lake has risen and now resides on part of our property as well as his so if he put up a fence, he would have to be putting the fence on our property and that would be encroachment. It would also deny us the easement right we hold. The deputy said he also warned him not to go onto our property with his rotweiler and gun anymore. The deputy then came back and told us to have our lawyer send a letter to this guy with a copy of the signed easement and our platt and a warning to leave us alone. He then walked down to the lake and stood with us in plain sight of the neighbor while we took down the No Trespassing signs.
We have already called our attorney. He said the letter will go out next week. We will see what happens next.