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  1. W

    Greatest invention of all time = sliced bread!

    Woke is the past tense of wake. When you wake up and recognize the social and racial injustice you are said to be woke.
  2. W

    Easement/Trespassing

    Your property is not included in the contract (grant) so how can it be excluded? It doesn't apply to you. It is between two property owners that bought property from the state and they agreed to a common driveway (an easement across their land). But at some point there was a grant of an...
  3. W

    Is a quit claim deed legal if not recorded?

    The lien attaches to the property not to the owners (whoever they are). You should be able to record the deed.
  4. W

    Civil / Real Property suit Defendants

    The dominant estate is not a property owner when it comes to the easement. Therefore, they are not held to the same standards with respect to the easement. An easement is a non-possessory right to use someone else's property. What happens on the property the easement serves has nothing to do...
  5. W

    Civil / Real Property suit Defendants

    But that has nothing to do with the misuse of an easement. Does it? So if a trespasser drives up your driveway and dumps a load of crap that's your fault? You may be an attorney but you are no easement attorney because you know very little about easement law. Why don't you go back to your...
  6. W

    Civil / Real Property suit Defendants

    The misuse of an easement is a use not granted in the grant. In your example, a pedestrian thoroughfare would not extinguish the easement for the granted purpose. Not exactly on point in OP's case. The easement is also an implied dedication to the public not a private driveway. I still...
  7. W

    Civil / Real Property suit Defendants

    I have read the complaint and I think it's a joke (I am not an attorney). Count one is trespass. You can't be a trespasser if you are on a granted easement. You are not responsible for what other people do. Count two is nuisance. Without specific language in the grant of the easement to...
  8. W

    ip of motorcycle

    I agree Ron. Any copyright on the drawings does not protect the patent. And if the patent has expired then anyone could produce the widget without copyright infringement.
  9. W

    Civil / Real Property suit Defendants

    You need to explain what you mean by I believe he intends to take property. Take what property, the easement or your property that is served by the easement? I don't know what the allegations in the complaint are but I will tell you that if you have a deeded easement the likelihood of your...
  10. W

    Small Estate Affidavit-signing question

    Who said it gets filed with the court? But the process and enforcement is controlled by the probate code. It never hurts to ask and I'm sure this situation is not new.
  11. W

    Small Estate Affidavit-signing question

    Call the probate court and ask the clerk what you must do to file the affidavit when a divorced parent refuses to cooperate . The probate court may help you.
  12. W

    Nursing Home and Medicaid Question

    Does your father receive SS and Medicare or are you trying to get him into a home through Medicaid or a combination of them? Your father's total assets including the property (real or personal), bank and brokerage accounts, and pensions matter. His net worth may have to be reduced to make him...
  13. W

    Collection

    Very simple really. You receive an email with a link to an online application and you click on the link. You start to fill it out but don't click submit because you haven't completed it. That doesn't mean that what was filled out was not retained in the application. The same would be true if...
  14. W

    Does a company have to pay you the full 2 weeks when you give notice?

    And a large number of employers will tell you to clean out your office (if you have one) and escort you out of the building the minute you tell them you are quitting.
  15. W

    AT&T Phone Line Misrepresented in New Home. What Now?

    I would never give up my hardwired landline no matter what other technology I had.
  16. W

    Possible pre-existing loans found on preliminary title report need to resolve

    That is true. It is up to the county to get the liens removed before issuing the tax deed. This was obviously not done. Now you have to get a copy of the tax deed from your seller or the county to see if the loan liens were extinguished but not recorded.
  17. W

    Easement/Trespassing

    There may not be any languish granting the easement. It may be an easement by a recorded subdivision plat. If the state subdivided the land in 1947 to sell parcels and depicted the easement on the plat to get to a landlocked parcel and then recorded the plat, the easement to the back lot is a...
  18. W

    Easement/Trespassing

    Well technically the property is not landlocked because of the easement. If not for the easement the property would be landlocked. And that is why that easement will never be extinguished. It is against public policy to create or have landlocked properties. My guess is that buyers of...
  19. W

    Easement/Trespassing

    I would like to know where you get the notion that a utility easement cannot be granted to a private estate? Adverse possession has nothing to do with a granted easement. I would be willing to bet that back in 1947 an access easement for the property behind you was granted that also included...
  20. W

    Easement/Trespassing

    Assuming that up is north and OP's property is in the center of the parcel mapper, it appears that the easement starts on the northern property and then cuts back onto OP's property.
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