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Case law citation would be greatly appreciated! (Indiana)
1 posted on 05/19/2016 3:13:02 PM PDT by freedomjusticeruleoflaw
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To: freedomjusticeruleoflaw

Depends on the easement. Do yourself a favor and hire a surveyor.


46 posted on 05/19/2016 4:02:53 PM PDT by Rural_Michigan
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To: freedomjusticeruleoflaw

“in no way impede the **intended use of** the easement?”

Guess what makes me think you’re being sneaky?
The easement is what it is. You can’t impede *ANY use* it grants your neighbor.

IM (nonlegal) O.


47 posted on 05/19/2016 4:08:21 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: freedomjusticeruleoflaw

Many lawyers will give free 30 minute consultations. If you cant get a free consultation, see what a consult will cost. Sometimes case law looks like it would apply, but wont necessarily apply to your situation. The advice you’ll get on the internet is worthless.


49 posted on 05/19/2016 4:17:50 PM PDT by Sasparilla (Hillary for Prison 2016)
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To: freedomjusticeruleoflaw

What do you mean “covered by” an ingress/egress easement.


50 posted on 05/19/2016 4:25:03 PM PDT by Sacajaweau
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To: freedomjusticeruleoflaw

You need to examine the language of the easement. An easement can be lost by prescription only if the use is open , notorious and hostile. If the fence defeats the purpose of the easement, the neighbor can compel you to remove the fence.


52 posted on 05/19/2016 4:26:38 PM PDT by frithguild (The warmth and goodness of Gaia is a nuclear reactor in the Earth's core that burns Thorium)
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To: freedomjusticeruleoflaw
You probably need a permit from the town to put up a new fence along with an instrument survey. Talk to you building department first.

All our 19 towns in the NYS county require instrument surveys for a fence permit.

53 posted on 05/19/2016 4:27:21 PM PDT by Sacajaweau
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To: freedomjusticeruleoflaw

I have a friend that has a similar problem with the same exact kind of easement. His problem is that they always want him to help pay for the maintenance of the easement road which he doesn’t use whatsoever. He had to go to the recorders office and county surveyor to get clarification but not sure if he ever ended up getting a lawyer.


55 posted on 05/19/2016 4:35:18 PM PDT by CommieCutter (The only thing the smart phone really accomplished was bringing the stupid people to the internet.)
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To: freedomjusticeruleoflaw
Indiana is a big place. There are local laws....including subdivision laws, permits requirements for fences etc.

Did you get a permit for your fence?

All 19 of our counties require an instrument survey to put up a fence.

78 posted on 05/19/2016 5:51:46 PM PDT by Sacajaweau
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To: freedomjusticeruleoflaw; PROCON

I am a lawyer, licensed to practice law in Indiana, and I will tell you what everyone else has said:

Go get a lawyer. Get a lawyer who has a general practice in the county in which you reside. Do not get a lawyer from another county. Indiana has 92 counties, and in every county the law is the same. But the rules are different. You can bend the law, but you cannot mess with the rules. If you know what I mean.

When it comes to things like property rights, anything pertaining to rights in real estate must be in writing and must be recorded with the county recorder to be binding. Any lawyer will need to see the actual conveyance of the easement and what it provides for. The actual written language is key and no lawyer can give sound advice without reading the document itself.

I cannot give you more sound advice than that.


79 posted on 05/19/2016 5:53:49 PM PDT by henkster (DonÂ’t listen to what people say, watch what they do.)
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To: freedomjusticeruleoflaw

The nature and terms of the easement matter. Do you have the legal document on which the easement is founded? Or is the easement implied as necessary for the sake of the neighbor?


83 posted on 05/19/2016 7:53:38 PM PDT by Rockingham
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To: freedomjusticeruleoflaw

A few of us may have stayed at a Holiday Inn last night, but that won’t serve as well as local legal counsel....


86 posted on 05/20/2016 3:06:47 AM PDT by trebb (Where in the the hell has my country gone?)
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