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My daughter and her husband purchased a small farm and the…

My daughter and her...

My daughter and her husband purchased a small farm and the night before closing found out that there was an easement on a portion of it. The realtor talked to the other property owner and he had no idea that he had access to an easement and had already put in a new driveway and said it wouldn't be a problem. Now he is threatening them to remove a fence that is on their land so he can drive through their field (hay field that they have hay on for their cattle) with building materials (cement trucks, etc) to build a house on his back 40 and then this easement will always be there for him to drive on. What are their rights at this time. A surveyor has been out and his map does not show the easement going where the person says it does. The original land owner did not have the easement surveyed and had not told this person about the easement when he sold him the land next to my daughter.

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

The landowner who is pushing this has had an attorney send them a letter. He even sent a copy of a survey done in 2014 and the easement does not show going through the field. No paperwork has been filed with the courts. The landowner just sends threatening messages via text or Facebook messenger.

Lawyer's Assistant: Where is the farm located?

Wisconsin

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dunn County I believe or else it's St Croix County. My daughter and her husband have no extra money and they are feeling scared. If this neighbor had approached them and talked about this they would have worked with him. He started it off by threatening them. They even offered to bulldoze next to the field so that he could get there that way. He has a path through his land to get back there already and he drives his pickup through there.

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Answered in 2 minutes by:
3/28/2018
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,212
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney.

DId your daughter and her husband get title insurance?

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Customer reply replied 27 days ago
I do not know. I will ask her

Yes. Because the title insurance company should have found the easement. Was the easement recorded with the county?

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Customer reply replied 27 days ago
I can not talk on the phone as I am at work. The easement is recorded with the county; but no one is really sure where that line is. A 2014 survey shows it going just to his cabin (and he has a driveway to that now). A survey that was done by my daughter (and by the same person that did the 2014 survey) shows the line going a little further just to be nice. The original land owner was told to have this done but he elected not to as he did not want to pay for it. The land owner that is there now knew nothing about the easement when he purchased the land. When my daughter and her husband looked at the land there was a planted corn field there with no path what so ever going through it. The man had a path through his woods (driveable with his pickup) to get to his back 40.
Customer reply replied 27 days ago
She does not know if they have title insurance.

She would have paid the title insurer at the closing. Title insurance documents would be with closing documents if there was a title insurance company involved.

This sounds like there has to be a quiet title action as well as a possible adverse possession claim. Quiet Title is to have a court decide whose land is it. An Adverse Possession action is to claim a hostile takeover of the land or of the easement because if exclusive use of it over a long period of time.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 27 days ago
if this person has threatened to cut the fence down (even though it's not on the easement) should they get a restraining order or what is their best course of action seeing they do not have money to pay a lawyer. They talked to one 1 1/2 years ago when he first threatened them and then drove through their field but it was $1000 for less than an hour of time.

Yes. When filing a complaint, there can be a request for a restraining order. Also, notifying the Police could be a good idea.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,212
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