Results 1 to 2 of 2
  1. #1
    Join Date
    Apr 2012
    Location
    Alabama
    Posts
    7

    Default Easement Abuse and Criminal Trespass Warning

    My question involves an easement in the state of: Alabama

    Related information here: http://www.expertlaw.com/forums/showthread.php?t=140507

    My neighbor was served with a Criminal Trespass Warning for pulling down a post and chain he claimed was blocking a non-existent right-of-way on Parcel 1 of our property. He also issued threats and the whole thing was photographed by a camera. Parcel 2 of our property has lakeside access and has a very specific affirmative easement on it. Here is the exact language from the deed:

    "Less and except for a perpetual right of egress and ingress through the above described property, not to exceed twenty (20) feet in width, to a concrete slab near the water's edge to be used for launching boats"

    The easement is restricted to the owners of lots in the immediate neighborhood. There is a right-of-way to the north of the property that provides immediate and simple access to the concrete slab so the easement holders only have to drive on a small portion of the property right at the slab.

    Several days ago I caught him walking his dogs across Parcel 2. He roamed around the entirety of Parcel 2 and did not stay within a 20 foot width. He did not have a boat with him. I recorded it and he confronted me (I was stationary and passive) and told me the entire Parcel 2 was "community property" (its not, its private with an easement) and that he had the right to go where he wanted. He also claimed the police told him he could go there, though they denied it. He was arrested that afternoon and charged with criminal trespass in the 3rd degree and the trial is next week.

    I have two questions:
    1. Is the easement language specific enough to successfully convict him for trespassing, given that I have video of him wandering around the entire property? I'm wondering if someone will try to interpret the language to say he can walk his dogs to the slab, though he was over 70 feet from it at the end of the video.
    2. Does a Criminal Trespass Warning override an easement? I don't believe so as an easement is a right, but I thought I'd ask.

    Thanks for your time.

  2. #2
    Join Date
    Sep 2012
    Posts
    1,628

    Default Re: Easement Abuse and Criminal Trespass Warning

    "Less and except for a perpetual right of egress and ingress through the above described property, not to exceed twenty (20) feet in width, to a concrete slab near the water's edge to be used for launching boats"

    he

    1) left the easement of 20 feet

    2) was not there for egress or ingress

    3) was not launching a boat from the slab


    as far as i can tell he would be violating the moment he set foot with a dog, unless the dog was also a boat

    1. Sponsored Links
       

Similar Threads

  1. Use and Enforcement: How to Prevent Trespass Outside of an Easement
    By symbion in forum Easement and Right of Way Law
    Replies: 3
    Last Post: 10-03-2012, 10:23 AM
  2. ATV Trespass on Easement for Landlocked Landowner
    By Landowner NW PA in forum Easement and Right of Way Law
    Replies: 4
    Last Post: 07-10-2011, 09:57 PM
  3. Trespass on Easement
    By PHPOA in forum Easement and Right of Way Law
    Replies: 4
    Last Post: 05-04-2011, 10:50 AM
  4. Easement and Trespass
    By greywings in forum Easement and Right of Way Law
    Replies: 2
    Last Post: 08-12-2008, 10:13 AM
  5. Trespassing: Misdemeanor Charge For Violating A Trespass Warning
    By FullThrottle200 in forum Criminal Charges
    Replies: 5
    Last Post: 09-02-2007, 07:08 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Easement Forms
Instantly download professional easement forms for all states.




Untitled Document