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.