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Tractor Talk Discussion Forum

Border Dispute

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ed

06-17-2004 10:04:40




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Allen Lets hear more - Did he move the road or did you stop him?




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Allan

06-17-2004 11:04:14




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 Re: Border Dispute in reply to ed, 06-17-2004 10:04:40  
Hi Ed,

I finally convinced him to contact the utilites people.

The last I heard, they were sending out thier engineers to take a look at the thing.

No movement as of yet and the dozer kid hasn't been back.

Allan



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Ron

06-18-2004 03:53:52




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 Re: Re: Border Dispute in reply to Allan, 06-17-2004 11:04:14  
Allan,

Do yourself a favor, get a legal opinion. I'm not giving advice here but in my area if someone who has a legal easement decides to use the easement in a way that requires the relocation of utilities, you, the land owner, get to pay for it. This can be hideously expensive. The law is so goofy here that if you give an access easement the law requires that you build the road and maintain it year-round should the easement holder demand so.

Hopefully it's different where you are but until you get it in writing from an attorney, you have no way to know for sure.

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harley1983

06-17-2004 21:10:42




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 Re: Re: Border Dispute in reply to Allan, 06-17-2004 11:04:14  
Like I said in a previous post. Those utility folks will tell him where he can and where he can't go to, then the monkey won't be on your back. You can stand there beside him, slowly shake your head in utter amazement and say, "Well I'll be, who woulda ever thought that?" and you're clear out of the liability and unfriendly neighbor loop. Way to go. Harley from Mo.



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Mark

06-17-2004 21:46:40




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 Re: Re: Re: Border Dispute in reply to harley1983, 06-17-2004 21:10:42  
Did the permit people ever check it out?



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Allan

06-18-2004 06:18:19




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 Re: Re: Re: Re: Border Dispute in reply to Mark, 06-17-2004 21:46:40  
Hi Mark,

As is the case with all bullies, if you stand up to 'em, 9 times out of 10 they will fold their cards.

He had opened the conversation by telling me that the road would most certainly be moved even if he had to "get a court order" to do it.

As diplomatically and as calmly as I could muster, I told him that was exactly what it would take: A court order.

Since that conversation, he has been in contact with the utilities people and has been pouring over land description documents at the county court house.

When he found out the cost of moving that road plus the fact that he was liable for and would be running my business out of his back pocket if those phone lines were cut, he quickly changed his tune.

He has subsequently changed his requirements from moving the entire road over 20 feet down to just a pie shaped 60x4' slice of roadway; just enough to clear his building.

I said that this was perfectly accecptable to me..... After I see the proper paperwork from the proper authorities.

Roadwork is at a total standstill here.

Allan

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