Poison God...(DavE),,step in my office

[ledmag]

hey man. I noticed you are gettin ready to tak ethe bar......COOL! COngrates old fellow!

I need a lawyer.....real bad. hahahaha Actually i already have one. Im in the process of a property dispute. I just got soem new land about, 3 miles from my place. This joker pushed his way threw the middle of it while teh old owner, who is 71 yrs old, still had the place. This joker made a road 100 ft threw the narrow part of the acre.........Teh old dude put a cable on it 4 times(i have no idea why he didnt take joker to court), he had 2 witnesses each time he closed the road. The closeings were over a 5 yr period. Teh joker has been using the road unhindered for 2 yrs........Mr Ballard(the guy i bought it from) got too old to fuck with it. Now Joker is trying to claim it, he is also sueing me for several thousand for pain and sufering hahaha(the pain and suff...is cause i dug a fucking POND in the middle of teh road with DOZER). This drugy judge in my town sighned this tempory notice for me to OPEN THE ROAD, and fix it..It took me a long time to fix it, and 20 tons of rock hahaha. Im sueing joker for the removal of teh rock, and pain and suffering, and my time on fixxing MY ROAD. haha, ANyway,, that means ,,that the judge who sighned the injunction(??) cant be the judge for the case. Teh other judge in our town just boaght some land from JOKER.........he cant be the judge. Jokers lawyer made my DEED........hahahahah he cant be his lawyer hahaha. I think Joker is in for a suprise.........WHAT DO YOU THINK?

 

[RETIREDTrapped]

(the pain and suff...is cause i dug a fucking POND in the middle of teh road with DOZER).

ha ha ha ha ha....

THAT's telling him. ha ha

 

[Poison God]

The Old man screwed up by allowing him use of the road. In essence he may (and I emphasize MAY, as I don't know Kentucky property law) have granted him what is called an "easement." An easement is essentially a right to do something on someone's land. Even if the property is sold (as it was to you) the person can retain an easement on the property. I don't know how long it takes in Kentucky to gain a legal "right of way" (or easement)...but if he has one, the judge can order you to fix it up and keep it "driveable" via an injunction (Ridiculous eh?). He can't sue for emotional distress though...so don't worry about that. Check with your attorney regarding how long it takes to gain an easement or right of way on a piece of property. If he wasn't granted the right of way for the alotted time, he has no case...otherwise, you MAY have to clean that road. Hope that cleared it up.

DavE


PS: If he does have an easement, you may be able to sue the person who sold you the house, as they never told you about it (misrepresentation on their part).

Still DavE

 

[Lillitu]

Not a lawyer, but I worked in a real estate law firm for about 5 years. A lot of what I did was researching encumbrances (fancy word for mortgages) and easements on properties. Your deed should tell you if there is an easement. It's been a while, but, iirc, he can sue for easement, but he has to pay property value for the land that he has the easement on, since, in effect, that land is useless to you now.

Depending on Kentucky law, Joker can also sue for quiet title (I think that's the term) stating that he 'improved' the land whereas you and the prior owner have/did not. Again, he should have to pay the property value.

In a quick search, here's a link to the Kentucky Statues. http://www.lrc.state.ky.us/krs/titles.htm Section XXXII is about property. Sorry, I'm too tired to read legalese right now.

 

[Unregistered]

Originally posted by Lillitu
Not a lawyer, but I worked in a real estate law firm for about 5 years. A lot of what I did was researching encumbrances (fancy word for mortgages) and easements on properties. Your deed should tell you if there is an easement. It's been a while, but, iirc, he can sue for easement, but he has to pay property value for the land that he has the easement on, since, in effect, that land is useless to you now.

Depending on Kentucky law, Joker can also sue for quiet title (I think that's the term) stating that he 'improved' the land whereas you and the prior owner have/did not. Again, he should have to pay the property value.

In a quick search, here's a link to the Kentucky Statues. http://www.lrc.state.ky.us/krs/titles.htm Section XXXII is about property. Sorry, I'm too tired to read legalese right now.

"Joker" MAY have to pay for the easement...there isn't enough information. Some states don't make the easement owner pay and others do. Look at the statutes (as Lillitu stated) and you shall find your answer. Just present the issue of this easement or right of way to your attorney. They will give you an answer in no time (at least they should). Good luck...and remember, his emotional distress claim (as is yours) is total BS.

DavE

 

[Poison God]

"Joker" MAY have to pay for the easement...there isn't enough information. Some states don't make the easement owner pay and others do. Look at the statutes (as Lillitu stated) and you shall find your answer. Just present the issue of this easement or right of way to your attorney. They will give you an answer in no time (at least they should). Good luck...and remember, his emotional distress claim (as is yours) is total BS.

DavE

 

[ledmag]

mY lawyer says its 7 years in KY. ITs got be 7 consecutive too. it also has to be with permission, and MR BALLARD did not let him. My deed has no right of way.NONE. Its way back in the woods, no house either. I wanted the palce just for a get away. My wife and I were thinking of putting a camper on the grounds. im fenceing it in right now,,all but the road. I already fixed the road. My lawyer says since i dont want a raod that long, and since i had to fix it, and it costed a bit to fix the big ass hole i dug(i do want a small pond there, with some fish, ducks, you know,nice to look at), that if i win, and she thinks i will, that he will have to pay for the removal and what i have in the road. The Pain and suff thing, i dont want that, im just doin it cause hes doin it to me LOL. It pisses me off. He has been tryin this sort of thing for yrs with many ppl. He lost a few and won a few. He is also one of those guys who got his land by paying taxex and living on it for 15 yrs........SQUATTING DOWN on old land,,legal, i dont like it, but its legal.

Oh yeah, Joker almost went to jail for insurance fraud onece a while back,,,,he burnt his house hahahaha. He didnt get a dime. He is always trying this shit............sheesh. My lawyer says the same on that he will not get any money from me, but it does make me mad. Joker is one of those guys who is 45 and is on SSI,,,he is a welfare case too (foodstamps, i have an inside person in the social service office...........MY WIFE, hahaha, she is top social worker in my town), he wants everything he can get for free.

So far , I have had to give the lawyer a 5000 dollar advance, she is 100 dollars an hour, this road is costing me a ton as it is. but i will not give in to this tyrant. ITs also gonna cost me 45 dollars for this certain type of paper work, each time she has to sighn her name on oone of these strange documents, i heva no clue waht she is talking about, i just said...OK haha. Joker talked to every lawyer in my town, i had to leave town to get a lawyer. BUt the thing is, Im gonna ask for a change in venue, due to the property judge #1 purchased from Joker, and for Judge # 2 sighning the notice without me even being there to defend myself. And Im calling his lawyer as a witness on my deed, sice he is th eone whoi wrote it up. He's lawyer must be i ding head, or really need th emoney. Thats the first thing my lawyer picked up on. SHe was like "Oh, so Jokers lawyer made your deed?, well, he's outa there". I hope it goes well. I have to go in april to try to temporarily have th eroad cloased, and as of yet, we have no court date. so it could take forever and a lot of my money that i have saved over the last 10 years. Im not gonna say how much i have, but i have enough to keep this in court fro a long time. ANd i will, I will not give in. If teh old guy ballard had gave joker permission, then it would be fine, but since he didnt, nad he took advantage of the old guy(who lives several miles from land in question),,,we are in for the long haul.

LeoN
ANyway, dont want to bore you, just thought it was ironic thaT you are a lawyer, and this is my first time in court(as an adult, i had 2 or 3 asault charges as a teenager, and as you may have guessed, i had a couple terroristic threatening charges as a teen as well, i never got introuble for it.)

 

[Poison God]

Originally posted by ledmag
mY lawyer says its 7 years in KY. ITs got be 7 consecutive too. it also has to be with permission, and MR BALLARD did not let him. My deed has no right of way.NONE. Its way back in the woods, no house either. I wanted the palce just for a get away. My wife and I were thinking of putting a camper on the grounds. im fenceing it in right now,,all but the road. I already fixed the road. My lawyer says since i dont want a raod that long, and since i had to fix it, and it costed a bit to fix the big ass hole i dug(i do want a small pond there, with some fish, ducks, you know,nice to look at), that if i win, and she thinks i will, that he will have to pay for the removal and what i have in the road. The Pain and suff thing, i dont want that, im just doin it cause hes doin it to me LOL. It pisses me off. He has been tryin this sort of thing for yrs with many ppl. He lost a few and won a few. He is also one of those guys who got his land by paying taxex and living on it for 15 yrs........SQUATTING DOWN on old land,,legal, i dont like it, but its legal.

Oh yeah, Joker almost went to jail for insurance fraud onece a while back,,,,he burnt his house hahahaha. He didnt get a dime. He is always trying this shit............sheesh. My lawyer says the same on that he will not get any money from me, but it does make me mad. Joker is one of those guys who is 45 and is on SSI,,,he is a welfare case too (foodstamps, i have an inside person in the social service office...........MY WIFE, hahaha, she is top social worker in my town), he wants everything he can get for free.

So far , I have had to give the lawyer a 5000 dollar advance, she is 100 dollars an hour, this road is costing me a ton as it is. but i will not give in to this tyrant. ITs also gonna cost me 45 dollars for this certain type of paper work, each time she has to sighn her name on oone of these strange documents, i heva no clue waht she is talking about, i just said...OK haha. Joker talked to every lawyer in my town, i had to leave town to get a lawyer. BUt the thing is, Im gonna ask for a change in venue, due to the property judge #1 purchased from Joker, and for Judge # 2 sighning the notice without me even being there to defend myself. And Im calling his lawyer as a witness on my deed, sice he is th eone whoi wrote it up. He's lawyer must be i ding head, or really need th emoney. Thats the first thing my lawyer picked up on. SHe was like "Oh, so Jokers lawyer made your deed?, well, he's outa there". I hope it goes well. I have to go in april to try to temporarily have th eroad cloased, and as of yet, we have no court date. so it could take forever and a lot of my money that i have saved over the last 10 years. Im not gonna say how much i have, but i have enough to keep this in court fro a long time. ANd i will, I will not give in. If teh old guy ballard had gave joker permission, then it would be fine, but since he didnt, nad he took advantage of the old guy(who lives several miles from land in question),,,we are in for the long haul.

LeoN
ANyway, dont want to bore you, just thought it was ironic thaT you are a lawyer, and this is my first time in court(as an adult, i had 2 or 3 asault charges as a teenager, and as you may have guessed, i had a couple terroristic threatening charges as a teen as well, i never got introuble for it.)

As I hypothesized, it wasn't in the deed, and he wasn't given permission for 7 years. Not bad for a 24 year old 3rd year law student, eh? You have a good case imo. Glad to be of assistance, and good luck.

DavE

 

[ledmag]

Thanks, im glad you think so too, makes me feel better about my cash haha.

THANKS

 

[Poison God]

No problemo. Off to E-commerce class. ttyl

DavE

 

[ledmag]

CASE CLOSED! LOL

 

[ZANEX]

ledmag, I just read about the property dispute your in with that "joker" and it's a bunch of shit, hope it all will go in your favor. On a similiar note, my fiance Shannon's aunt and her husband (Karen and Vernon) had there log cabin home torn down buy a payloader in Irvine. ledmag, do you know where Hargett is in Irvine, just right as you get into Estill Co. from Clark Co. Anyway, a payloader was clearing a path near there home and it went out of gear and knocked the house off of the foundation. This happened in June of 1999 and the city of Irvine has tried to settle with Karen and Vernon a few times for a measley $15,000 and $ 35,000. Vernon builds houses for a living and built the one that was destroyed. I think he told me he would settle for $65,000, even though the house he built roughly was around $70,000. Anyway, Karen and Vernon have a got a lawyer and have moved there belongings and 3 sons aged 15, 16, 18 to another, smaller home that they're paying rent on. The mayor of Irvine's secretary told Karen to keep receipts for the food they've bought or if they rented a hotel room. Vernon told her to "go get fucked" in so many words. But, they got this lawyer and are trying to get the full amount they're entitled to, probably between $100-$200,000. The case is still pending and I'll update you on what happens. I love my country. but hate it's government and judicial system.

 

[true light]

Its a dirty world out there, the man, dane sings about it all the time...

 

[ledmag]

Sure i know were harg is. ITs bad man, you let someone use your place for 7 yrs and its theirs. ANd sometimes(like in my case) even when they dont use it for 7 yrs, and the ydont have permission, they still may get the land. I hope the joker falls in a hole.

I also hope your inlawstobe get whats they diserve(sp). Let me know what happens.