people from billyhill, mn trying to get home

[FrankieJames7]

Small Town Says Family Can't Use Only Road to Their Home - YouTube

[Skidooski]

[Highmark]

Generally speaking this type of situation falls under prescriptive easement laws of which can vary state to state.   Generally you can always use the easement but there are restrictions on what you can do to the road.   For example you might not be able to put asphalt or some other hard surface down.   Even if the easement isn't in writing often times if its been in use for a set period of time (10 years) then its permanent.  This is of course if consistent permission was granted by one owner to another.   More than access' can fall under prescriptive easement.   Property lines and even water runoff can.  

Moral of the story get it in writing and get it notarized and recorded.  

Edited September 2, 2021 by Highmark

[FrankieJames7]

29 minutes ago, Skidooski said:

that is what i was thinking.

 

hey zamzam @Zambroski, wyd when the yuppies block off the road to your pig farm

[FrankieJames7]

16 minutes ago, Highmark said:

Generally speaking this type of situation falls under prescriptive easement laws of which can vary state to state.   Generally you can always use the easement but there are restrictions on what you can do to the road.   For example you might not be able to put asphalt or some other hard surface down.   Even if the easement isn't in writing often times if its been in use for a set period of time (10 years) then its permanent.  This is of course if consistent permission was granted by one owner to another.   More than access' can fall under prescriptive easement.   Property lines and even water runoff can.  

Moral of the story get it in writing and get it notarized and recorded.  

you know about the law dont ya?

[Highmark]

8 hours ago, FrankieJames7 said:

you know about the law dont ya?

I know about easements because I've been thru a number of them.   One property I own a case went all the way to the state Supreme Court before I bought it so I did a ton of research on it.   Another property had a fence way off the survey line and because the fence had been there longer than 10 years nothing I could do about it.

[racinfarmer]

Both sides sound like people we have had to deal with on land issues before.  

[Ez ryder]

Township supervisor ownes the Land that the in question road runs thrugh to there home and he is no fan of the family  how convenient.  

[FrankieJames7]

1 hour ago, Highmark said:

I know about easements because I've been thru a number of them.   One property I own a case went all the way to the state Supreme Court before I bought it so I did a ton of research on it.   Another property had a fence way off the survey line and because the fence had been there longer than 10 years nothing I could do about it.

i have my own property in tanana so i am going to keep an eye out for shit like this now, now that im off probation i will probably move back soon and put up a shop there

[Highmark]

On 9/3/2021 at 12:06 AM, FrankieJames7 said:

i have my own property in tanana so i am going to keep an eye out for shit like this now, now that im off probation i will probably move back soon and put up a shop there

Enjoy it.   Nothing else like owning a little piece of this world.   

[Ez ryder]

On 9/2/2021 at 10:09 PM, Highmark said:

I know about easements because I've been thru a number of them.   One property I own a case went all the way to the state Supreme Court before I bought it so I did a ton of research on it.   Another property had a fence way off the survey line and because the fence had been there longer than 10 years nothing I could do about it.

? That is not correct . Could be a state thing but in MN a legal description property line is a property line It makes zero fucking diff where some ass hat put a fence with there 100 foot chunk of rope survey 100yrs ago . 

I have seen many in mn think they wined it because that is where the fence was only to get slapped in the pussy aster the survey and real fast legal situations.  Most don't even make it to Cort after talking with there lawyers.  Other just like to loose money and time and the legal fees incurred by the acctual property owners 

 

[Ez ryder]

On 9/3/2021 at 12:06 AM, FrankieJames7 said:

i have my own property in tanana so i am going to keep an eye out for shit like this now, now that im off probation i will probably move back soon and put up a shop there

Get a new survey . If your old one is more than even 20yrs old it could be and orob is off a bit . Modern GPS equipment is down to the 1/2 inch .

And If doing any type of septic or well you will prob need one less than 8 yrs old any way . Going off old stakes is never a good idea when investing your time and money in to somthing . I have seen sorry fucks have to litteraly pull down structures and move driveways because they never bothered to spend the 700 to 3k on a proper survey because of old family assumptions 

[Highmark]

12 minutes ago, Ez ryder said:

? That is not correct . Could be a state thing but in MN a legal description property line is a property line It makes zero fucking diff where some ass hat put a fence with there 100 foot chunk of rope survey 100yrs ago . 

I have seen many in mn think they wined it because that is where the fence was only to get slapped in the pussy aster the survey and real fast legal situations.  Most don't even make it to Cort after talking with there lawyers.  Other just like to loose money and time and the legal fees incurred by the acctual property owners 

 

  Like I said different from state to to state but looks as if Minnesota does have similar prescriptive easement laws at a continuous use of 15 years.

The one I dealt with neither property owner really knew the fence was off.  

https://www.gabriellawoffice.com/real-estate-law/easements/how-are-easements-created/easements-by-prescription/

EASEMENTS BY PRESCRIPTION

A Prescriptive Easement is a lot like taking over land, or some other Easement interest in land, from somebody else. At first glance, many people equate Prescriptive Easements to nothing more than stealing, but a better understanding of what is required to establish a Prescriptive Easement and why we even allow them usually dispels that feeling. A Prescriptive Easement is defined as an Easement created from an open, adverse, and continuous use over a statutory period, which in Minnesota is 15 years. This definition may look like gibberish, but it effectively makes it very difficult to get a Prescriptive Easement over someone else’s property.

For starters, if you want to establish a Prescriptive Easement over someone else’s property, you have to be using the property in some normal kind of Easement way. Generally, courts will allow Prescriptive Easements to arise for Affirmative Easement situations, like a pathway, driveway extension, garden, etc. Courts, however, are not willing to allow Negative Easements to arise by prescription, such as requiring your neighbor not to do something like burn leaves or operate an ostrich farm. Also, courts will not grant Prescriptive Easement rights to someone who is claiming an Easement that could otherwise be classified as an Easement by Necessity. As far as the courts are concerned, as long as the necessity exists, there can be no Prescriptive Easement. Finally, courts will rarely, if ever, grant a Prescriptive Easement in situations where the Easement is over public land.

As an example, assume that you have a driveway on the edge of your property that runs alongside your neighbor’s property that happens to have been put in place on what you thought was the border but turned out to be five feet on to your neighbor’s side. This use must be open and notorious. What this means is that you cannot conceal your claimed Easement from everyone, especially the property owner. So, running across the back of your neighbor’s yard at 3:00 am and only when you know for a fact that the neighbors are out of town and could not possibly find you out, would probably not count as an open and notorious use. Our example of the driveway, however, is rather apparent to everyone. It is also important to note that just because the claimed Easement is not above the ground, does not mean that the Easement is not open and notorious. Courts have often held that where a reasonable inspection would have revealed the use, like a buried pipeline or electrical line, the Easement is open and notorious.

The next important qualification to establish a Prescriptive Easement is that the use must be adverse. What this means is that the use must be done without permission from the owner. So, in our example of the driveway along the border of yours and your neighbor’s properties, your neighbor cannot tell you that she knows that part of the driveway is on her land, but that it is ok for you to keep the driveway there. If your neighbor does this, then she has given you permission, and your claim is no longer adverse to her interest. This does not mean, however, that your neighbor would have to know about your use, only that they cannot have given you permission.

Finally, the use has to be continuous for the statutory period, which in Minnesota is 15 years. Continuous use does not necessarily mean that it has to occur every day or even every week. In other words, continuous is not the same as constant. When it comes down to it, a court will most likely have to decide whether or not a use occurs often enough to be considered continuous. In our example of a driveway along your property border with your neighbor, the use would most definitely be continuous, as the driveway is there every minute of every day, and you most likely use it on a relatively regular basis. Thus, if you put in a driveway on what you thought was your land, but that later turned out to be your neighbor’s land, and use the driveway for 15 or more years, odds are that you have gained a Prescriptive Easement in that portion of your neighbor’s land that the driveway sits on.

Edited September 7, 2021 by Highmark

[Ez ryder]

Like I said I have seen many cases in my line if work and where I work where every sf is worth a lot of $$$ . I have seen garages sidewalks and driveways that have been there thrugh multiple diff owners even have to go by by . 

I my self just was dealing with a old fence.  After the survey we found out about 1200feet of fence was on my property by as much as 10 feet . This was settled with a check and new  legal descriptions.  

[FrankieJames7]

21 minutes ago, Ez ryder said:

Get a new survey . If your old one is more than even 20yrs old it could be and orob is off a bit . Modern GPS equipment is down to the 1/2 inch .

And If doing any type of septic or well you will prob need one less than 8 yrs old any way . Going off old stakes is never a good idea when investing your time and money in to somthing . I have seen sorry fucks have to litteraly pull down structures and move driveways because they never bothered to spend the 700 to 3k on a proper survey because of old family assumptions 

last surveyed in the early 90s. i have a prime location for all my buildings already. it's beautiful.

[FrankieJames7]

49 minutes ago, Highmark said:

Enjoy it.   Nothing else like owning a little piece of this world.   

thanks, i am going to be posting about it

[Ez ryder]

4 hours ago, FrankieJames7 said:

last surveyed in the early 90s. i have a prime location for all my buildings already. it's beautiful.

Don't fuck up family history leveriging the land to build on it unless you are 100% sure you can make it work . Leverage anything else 

[FrankieJames7]

Just now, Ez ryder said:

Don't fuck up family history leveriging the land to build on it unless you are 100% sure you can make it work . Leverage anything else 

sound advice, i will follow

[FrankieJames7]

there are 2 other properties in tanana that my family has right now. one was inherited from my mom's side. she got all the debt after my grandparents who started a buisness but my alcoholic aunties cousins and uncles fucked it off so my parents really got 100k of debt. the other one is my house, paid for already. i might be able to get a bank in on that one. gunna be lots of ice fishing this winter, that's for sure. eventually, i will own all the land around the entire lake.

[Guest]

On 9/3/2021 at 12:06 AM, FrankieJames7 said:

i have my own property in tanana so i am going to keep an eye out for shit like this now, now that im off probation i will probably move back soon and put up a shop there

 

5 hours ago, FrankieJames7 said:

last surveyed in the early 90s. i have a prime location for all my buildings already. it's beautiful.

 

58 minutes ago, FrankieJames7 said:

there are 2 other properties in tanana that my family has right now. one was inherited from my mom's side. she got all the debt after my grandparents who started a buisness but my alcoholic aunties cousins and uncles fucked it off so my parents really got 100k of debt. the other one is my house, paid for already. i might be able to get a bank in on that one. gunna be lots of ice fishing this winter, that's for sure. eventually, i will own all the land around the entire lake.

Cool story bro 

[Guest]

1 hour ago, FrankieJames7 said:

there are 2 other properties in tanana that my family has right now. one was inherited from my mom's side. she got all the debt after my grandparents who started a buisness but my alcoholic aunties cousins and uncles fucked it off so my parents really got 100k of debt. the other one is my house, paid for already. i might be able to get a bank in on that one. gunna be lots of ice fishing this winter, that's for sure. eventually, i will own all the land around the entire lake.

Frankie, 5 years from now, you'll be doing the same thing you're doing now.......................slapping your meat in a half-way house in Fair banks, with no electricity, and pushing your tool cart down the street, to your next customer. 

[Crnr2Crnr]

6 hours ago, Highmark said:

  Like I said different from state to to state but looks as if Minnesota does have similar prescriptive easement laws at a continuous use of 15 years.

The one I dealt with neither property owner really knew the fence was off.  

https://www.gabriellawoffice.com/real-estate-law/easements/how-are-easements-created/easements-by-prescription/

EASEMENTS BY PRESCRIPTION

A Prescriptive Easement is a lot like taking over land, or some other Easement interest in land, from somebody else. At first glance, many people equate Prescriptive Easements to nothing more than stealing, but a better understanding of what is required to establish a Prescriptive Easement and why we even allow them usually dispels that feeling. A Prescriptive Easement is defined as an Easement created from an open, adverse, and continuous use over a statutory period, which in Minnesota is 15 years. This definition may look like gibberish, but it effectively makes it very difficult to get a Prescriptive Easement over someone else’s property.

For starters, if you want to establish a Prescriptive Easement over someone else’s property, you have to be using the property in some normal kind of Easement way. Generally, courts will allow Prescriptive Easements to arise for Affirmative Easement situations, like a pathway, driveway extension, garden, etc. Courts, however, are not willing to allow Negative Easements to arise by prescription, such as requiring your neighbor not to do something like burn leaves or operate an ostrich farm. Also, courts will not grant Prescriptive Easement rights to someone who is claiming an Easement that could otherwise be classified as an Easement by Necessity. As far as the courts are concerned, as long as the necessity exists, there can be no Prescriptive Easement. Finally, courts will rarely, if ever, grant a Prescriptive Easement in situations where the Easement is over public land.

As an example, assume that you have a driveway on the edge of your property that runs alongside your neighbor’s property that happens to have been put in place on what you thought was the border but turned out to be five feet on to your neighbor’s side. This use must be open and notorious. What this means is that you cannot conceal your claimed Easement from everyone, especially the property owner. So, running across the back of your neighbor’s yard at 3:00 am and only when you know for a fact that the neighbors are out of town and could not possibly find you out, would probably not count as an open and notorious use. Our example of the driveway, however, is rather apparent to everyone. It is also important to note that just because the claimed Easement is not above the ground, does not mean that the Easement is not open and notorious. Courts have often held that where a reasonable inspection would have revealed the use, like a buried pipeline or electrical line, the Easement is open and notorious.

The next important qualification to establish a Prescriptive Easement is that the use must be adverse. What this means is that the use must be done without permission from the owner. So, in our example of the driveway along the border of yours and your neighbor’s properties, your neighbor cannot tell you that she knows that part of the driveway is on her land, but that it is ok for you to keep the driveway there. If your neighbor does this, then she has given you permission, and your claim is no longer adverse to her interest. This does not mean, however, that your neighbor would have to know about your use, only that they cannot have given you permission.

Finally, the use has to be continuous for the statutory period, which in Minnesota is 15 years. Continuous use does not necessarily mean that it has to occur every day or even every week. In other words, continuous is not the same as constant. When it comes down to it, a court will most likely have to decide whether or not a use occurs often enough to be considered continuous. In our example of a driveway along your property border with your neighbor, the use would most definitely be continuous, as the driveway is there every minute of every day, and you most likely use it on a relatively regular basis. Thus, if you put in a driveway on what you thought was your land, but that later turned out to be your neighbor’s land, and use the driveway for 15 or more years, odds are that you have gained a Prescriptive Easement in that portion of your neighbor’s land that the driveway sits on.

Font could be a bit larger.

At some point down the road, I intend to make a few people's access rather difficult, purely out of spite. 

They can get to their property from the boat landing if they don't like it. 

 

[FrankieJames7]

2 hours ago, Polaris 550 said:

Frankie, 5 years from now, you'll be doing the same thing you're doing now.......................slapping your meat in a half-way house in Fair banks, with no electricity, and pushing your tool cart down the street, to your next customer. 

i can buy and sell you faggot

[Guest]

1 minute ago, FrankieJames7 said:

i can buy and sell you faggot

You can buy my SHIT IN A BOX, that's what you can buy, faggot. 

[FrankieJames7]

Just now, Polaris 550 said:

You can buy my SHIT IN A BOX, that's what you can buy, faggot. 

why do you hate me? is it because of my wealth?