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Old pump house in use for years on my property. Local neighbors added new one ...

Discussion in 'Easements & Right of Way Law' started by shannon001, Sep 17, 2011.

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  1. shannon001

    shannon001 Law Topic Starter New Member

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    House is in VT we're about 700 miles south. Some neighbors claimed my father signed over a deeded right of way to them (he didn't - we've spent the money and done the searches). It's not legal (I have a copy) - he signed a document w/out it being witnessed or dated as required in 1999. The owners told me they were preparing to sell their house next year. So, without my consent, they added a 4-6' gravel roadway after bulldozing the land and trees. WE almost had our house sold - the neighbors' greed stopped the sale. The path goes to a new (second) pump house they installed on my property w/out asking and to my lakefront property. Obviously, they are trying to make their house more sellable as it is not on the lake.

    I know court may take a long time and will be costly. Arbitration/mitigation will take less time but I want the neighbors to pay me for what they've done (damages as well as cleanup).

    I would like to remove their access completely. Can I do that since the second pump house was installed without my consent, so they have not been using it for years. The first pump house was there for many years (it broke), hence the new installation. The new pump house has been there since early June and we started the land and deeded row investigation in June/July of 2011.

    Bottom line questions - 1) can we sue for damages - unsold house means I'm paying for maintenance and other risks for another year and paying taxes - we had buyers on the line before the gravel was laid 2) force them to restore the land to the way it was before they "took it."

    We're both using lawyers but since the neighbors aren't selling their house this year, they are dragging this one despite due dates to answer our proposal. How can we force the issue... Thanks, all.
     
  2. army judge

    army judge Super Moderator

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    If you're paying a lawyer, you should be addressing this with him or her.

    Make sure you discuss any concern about your case with your lawyer. Write letters, or a personal visit is the best way to correspond with your lawyer.

    It is lengthy, but better for all concerned.

    Yes, you can sue for anything.

    Yes, a court can order the offender (trespasser) to do a clean up of your property.

    Yes, you can get a small amount for damages.

    It won't be much, because if the pumphouse is removed, you'll likely not have suffered much.

    Yes, this could drag on 3, 4, or more years.

    Justice is not swift.
     

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