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  1. #1
    Join Date
    May 2008
    Posts
    19

    Default Neighbor's Easement Rights After He Was Foreclosed

    My question involves a foreclosure in the State of: Wisconsin

    Hi, I have a neighbor leading a group of people suing me for an easement, but he was foreclosed on in Jan. What are his rights for this easement now? Can he still pursue this (I know my neighbors can)? When the default judgement was entered in Jan, does he still own his property until ... ? What are his options as far as keeping his house? Thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Rights Now That He Is Foreclosed

    He can stay there until either the redemption period ends or he buys the house back, whichever comes first. In Wisconsin, the redemption period is 365 days.

    If there are a group of neighbors pursuing an easement, him being gone likely won't have any effect on that.

  3. #3
    Join Date
    May 2008
    Posts
    19

    Default Re: Neighbor's Easement Rights After He Was Foreclosed

    I disagree, respectfully that not having a neighbor as part of a lawsuit would change the situation. Before they sued me and it got to this point, I put a letter out to the neighbors asking them to come talk to me about my desire to trim the driveway back to 12 feet, due to the extra footage allowing rainwater to run down the driveway and eventually infiltrate the basement, I also asked that they slow down, as there had been incidents where they almost ran over my kids (and they drove the gate off my fence, even with 22 feet of driveway!!!). Only this neighbor who is being foreclosed on reacted angrily towards my letter, he came out and yelled at me, called me profane words. He also was responsible for a great deal of the traffic with his tow trucks. He has been a huge thorn so yes, I think it would be huge if he weren't in this suit ... also it is 6 to 9 months, not 1 year.

    Anyone else?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor's Easement Rights After He Was Foreclosed

    time out.

    you said tow trucks?

    is he using the drive for commercial purposes? depending on what the easement states and how, a comercial use may not be allowable and you would be the one to stop it (via the courts though).

  5. #5
    Join Date
    May 2008
    Posts
    19

    Default Re: Neighbor's Easement Rights After He Was Foreclosed

    Yes jk, tow trucks - one huge one and one smaller one. We are in litigation right now for finding out everyone's rights. It really makes me very angry that someone is being foreclosed on, doesn't pay rent where they have a mechanics shop, owes the state thoudands in taxes, write bad checks, don't register their vehicles - yet still have enough concern - even though they have plenty of property and driveway to get out and in (without even having to cross my property) and STILL spend I $$$ on a fairly frivolous lawsuit.

    I believe the one good thing is his tow trucks will not be allowed their anymore, he hasn't parked them there or ran them by my house for some time, with a few exceptions. Not like before though, every night, every day.

    The major obstacle right now is the judge isn't even listening to us in our court appearances - it is like we do not even have any rights on our property. I know it has been in some kind of use for 80+ years, but the court hasn't heard any facts on start and stop, affidavits, nothing!!!! My wife and I feel so powerless. HELP! Will we be able to appear his bad and uninformed decisions to the appellate court at least, sort of like getting the doctors second opinion.

    They have us appearing for a motion on July 1 - the opposing parties want to have the judge set the width at 14 feet, while one of the parties has 200' of driveway between 10.5 and 13 feet, and I have 100' of my driveway at 13 feet, then he wants to get a survey of the whole thing - for $3500!!! To be split. Personally I think it is ludicrous to have a judge tell me I will have to pave extra amounts of driveway that were never used before - secondly we aren't involved in a property line dispute, as a matter of fat, no rights have been determined yet on this thing.

    Please - advice!!!!!

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor's Easement Rights After He Was Foreclosed

    Do you use the easement? Do you need to?

    If you don;t use it, you should not have to pay anything towards paving or maintainance in general. If the lack of proper maintianance causes damage to your house, those responsible for the maintainance would also be liable for the damages to your house/property.


    If you only use the end of the easement, you should argue that you should have to pay nothing for the easement past where you use and only the percentage of the front section based upon your useage compared to the total usage.

    as to paying fro a survey? Whomever is requesting anything be altered should bear full responsibility for those costs. The survery, from what I can understand of the layout, should not cost you anything.
    If somebody damaged your fence, they are liable for it with no split due based on number of dominant tenants.

  7. #7
    Join Date
    May 2008
    Posts
    19

    Default Re: Neighbor's Easement Rights After He Was Foreclosed

    No I do not need to use it. I do not use it as well. I am hoping that this declaration of rights will help assist ironing out the maintenance. I should not have to maintain the section on my property I do not use.

    Now my question, and thus this thread, is to see if I should hold on and see if our neighbor gets booted out due to his foreclosure.

    And I am actually ok with the survey as long as we get to interact in the mediation, however, the other attorney and parties are not negotiating anything and are filing motions (before I believe the suit has been determined) to expand our easement and make us pay for the survey by percentage.

    The legal system is a bunch of crap, as far as I can tell.

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