Real Estate Law
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Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you intend to file a petition to enjoin the neighbor from violating the deed restriction or what do you intend to do in an attempt to resolve this situation?
I look forward to assisting you as soon as I have received this information. Thank you.
We tried that at first, was told they will do what they want with the land and if we do not like it, sue them!!plan "B"
I am a retired businessman with a dated business law degree and a Engineering degree. I know how to go to court, if need be. This is only the begining but I prefer another view and input. Balance is my motto and common sense is my goal. This property is in a dead-end easement
access right of way and they are using our private land[partial easement]
with impunity. Yes we have code-enforcement involved but they inept.
Should i subscribe to "Westlaw", I used them many years ago in other ltigations I persued. They were helpful with caselaw files and reviews
YES WE INTEND TO ENJOIN THEM IF NECESSARY!!!
Hello again, John, and thank you for the additional information.Yes, Lexis and Westlaw are both very helpful in performing legal research, although there are many cases available online through findlaw.com, nolo.com and other websites. Lexis and Westlaw continue to lead the pack for in depth legal research.Since the neighbors appear to be in clear violation of the express easement, the best way to compel them to cease violating the easement would typically involve obtaining an injunction against them. If you obtained the injunction and they continued to violate it, then they could be arrested based on the court's order, so that typically persuades people to cease such conduct.The petition for an injunction could also include a complaint for damages if you have sustained monetary damages as a result of the violations.Here is a FL case involving a petition for an injunction for violating an express easement to help get you started:http://www.ccfj.net/courtdecFLselectenf.html
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You make reference to easements,I am talkng about deed restrictions.
Know of any with specific equine issues
Your case law was at the appellant level, and somewhat convaluted.
We have only 6 property owners. Remember,this is an unincorporated
developement. It dates back to 1980. this is the first issue we have ever had. County code requires 2 acres for the horses, in a residential setting. The developer, when he applied for the subdivision catagorically emphasized these restriction to protect all proprty owners .
The deed restrictions implicitly referred to in the warranty deed, is a defactor agreement of compliance and recognition of said restrictions. This property is situated in the shape of a appendix and is a dead end with water all around. one way in and one way out. all access is thru easement rights of way on private land ,each section of the private road,owned by adjoining lot owners, seperately and maintained and taxed accordingly
Thank you, XXXXX XXXXX take your advice, he with the best argument, wins the day. You have done well!!!
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