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Re: crazy old Tom and my fence


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Posted by John A. on July 17, 2013 at 21:19:38 from (64.128.16.238):

In Reply to: Re: crazy old Tom and my fence posted by toadady on July 17, 2013 at 19:50:37:

toadady, Land can not be sold where it is land locked. There has to be a legal in and out to any given property!
Where is his Easement? You said his place was sold off of yours many yrs ago before you got the place. That Said... If you sold it to him you would know where it is. Then...His Deed and Your Deed should give a description of the Meet and Bounds of that Easement! and then you will know where it is on your place. It is possible the Easement is on an adjoining place.
If that Easement is on you, You can't stop him from Ingress or Regress to his property.
Land that is on or along and old road that simply cut through other properties but for some reason due to no ownership change might still be that way can petition the court and prove that it was there for many yrs prior. My dad had to Prove and easement on a road, Non-Public that went back to the 1900s in 1980 cost him about $20,000 before it was all said and done!
Any way Your Deed and His Deed and Platte Map will shed a great deal of light on this subject.
A Land Measuring Chain and pins or a Wheel to measure with will help you determine the corners of your place. and the 2 or 3 points that are the same as yours. start from Known points that are easy to find.
Who put the fence there is not the Question! The Question is Where is his Easement???
You have to get this ??? figured out first before any work can be done and know what is correct and true!
Hope this helps!!
Later,
John A.


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