Your acting like just another troll. If you know something about the laws of easements and you think that I have misrepresented the law about a permissive use then I suggest you post it. Otherwise, you can research the case law and educate yourself and rebut what I have posted.
I have been researching and reading case law on easements for many many years in all 50 states. I don't mind being proven incorrect as to my posting on the law but I don't appreciate being trolled by posters that know very little about the laws of easements.
Yup. That's what I thought.
Layman: a person without professional or specialized knowledge in a particular subject. Amateur, dilettante, enthusiast. Opposite: Professional, Expert.
Like most of us here, you're a layman. When you're contradicted you're quick to call the other a troll and engage in mudslinging. I'm fine with being a layman. I don't claim intimate knowledge of the law, case law or procedure. I know where I'm particularly weak and I'm able to cop when I'm wrong. So far, I've never seen you do that. You dig in and take it personally.
It must be exhausting to be you.
What you won't do is even allow that there is a minute chance that its not simply permissive use because there is a contract with consideration. By not allowing that there is at least a minute chance you could be steering the OP down the wrong path. That is why I emphasized the whole "talk to an attorney before doing anything" bit. You pretty much do that on any thread you participate on. You dig in on a position and won't back down even a little bit.
I told OP to consult with an attorney before making any decision. All I did was explain the law based on OP's post. Not you or Mark are willing or possibly able to do the research to figure it out for yourselves.
You make a good point. His "many many years" of easement experience date from his entrance here in 2013. He has learned a bit from me over that time, as I have actually created easements and he has not. I am qualified as an expert witness in court on the subject, which he will never be, but he has resorted to personal attacks on me and other actual professionals here, many of whom have been driven off in disgust.
I have previously challenged him here to improve his quality of work here, and there has been some improvement, but the rude and crass behavior (which would have got him banned here in say, 2008) continues to this day. As the site is now basically unmoderated, he has carved out a personal dominant easement here and is focused on driving off trespassers.
One can only speculate on the background for such behavior.
If you read a bit more carefully you'd notice that what I did was comment on your sanctimonious and rude behavior. I made no comment on the law as this is not an area that I'm at all knowledgeable in. Saying so also indicates that I can learn, should I choose to.
You, however, prefer to elevate yourself and attack others who may questions what you have to say. This is a long standing behavior for you.