Civil / Real Property suit Defendants

[Lisa Phipps]

I regretfully have to say ,I do not have homeowners

No, they're not. Why would you write something
Your neighbor's are suing you for what they regard as "unreasonable overuse of the" easement. They allege that, in "the last few months" prior to the filing of the lawsuit in March 2020, "over 70 different vehicles have visited [your] property . . . at all hours of the day and not, most staying for 15-30 minutes and then leaving." They further alleged that all of this traffic is deteriorating the driveway, that your guests leave trash on their property, that you abandoned a car on their property, that you and your guests block the driveway, and that your guests trespass on your neighbor's property. I was surprised to read these allegations because nothing you previously wrote even hints at them. So...what say you about these allegations? Any truth to them? These allegations strongly suggest that folks are coming to your house
It also alleges drugs are being manufactured here as well.
Ofcourse there is no truth behind that allegation. There's no truth behind many of them. I've lived here a long time. I am a very likable person and I help people, when I can. People come to see me and household members. The only thing I'm guilty of is being comfortable living life the way I always have.
They've sent the police to my house so many times I'm not sure how many. They never found anything wrong.
If they could of just come to me or write me a letter ect. About their concerns. This could have been over a long time ago.

He objected to my 3 request for production. Things I know he has. What should I do about that?

No one is stopping you from lending your "non biased ear" -- you can just as easily do that at someone else's place. Or a coffee shop. And the fact that you say you have to stop because of this lawsuit is so over-the-top dramatic that I'm beginning to think your neighbor isn't exaggerating.

If even half of the allegations are true then you are a nightmare neighbor.

Thank you

 

[shadowbunny]

I am a respectful person. I care about everyone. That's why I have so many visitors. People come to me for a non biased ear and advice. I have stopped that now because of this lawsuit. n

No one is stopping you from lending your "non biased ear" -- you can just as easily do that at someone else's place. Or a coffee shop. And the fact that you say you have to stop because of this lawsuit is so over-the-top dramatic that I'm beginning to think your neighbor isn't exaggerating.

If even half of the allegations are true then you are a nightmare neighbor.

 

[Lisa Phipps]

No one is stopping you from lending your "non biased ear" -- you can just as easily do that at someone else's place. Or a coffee shop. And the fact that you say you have to stop because of this lawsuit is so over-the-top dramatic that I'm beginning to think your neighbor isn't exaggerating.

If even half of the allegations are true then you are a nightmare neighbor.

No one believed in good people anymore. Love thy neighbor as thy self. Just have a genuine care about the happiness of others. Smile spread cheer and good feelings. These things are long gone for most people in this world. All but a few care only about themselves and their happiness. Couldn't care any less about what their actions cause others. Nope. Not as long as they get it their way..
I'm so ready to go home.

 

[shadowbunny]

No one believed in good people anymore. Love thy neighbor as thy self. Just have a genuine care about the happiness of others. Smile spread cheer and good feelings. These things are long gone for most people in this world. All but a few care only about themselves and their happiness. Couldn't care any less about what their actions cause others. Nope. Not as long as they get it their way..
I'm so ready to go home.

Oh, Lisa. Stop with the pearl-clutching dramatics. You're acting as if you're the last good person on the face of the earth. Just stop it. And if you want to have ANY shot at a favorable outcome you need to stop this "woe is me" stuff. It's no wonder your neighbor didn't address you directly if this is how you behave.

 

[zddoodah]

No one believed in good people anymore. Love thy neighbor as thy self. Just have a genuine care about the happiness of others. Smile spread cheer and good feelings.

You remind of people who, when caught being obnoxious, say, "we were just having fun." Yeah...and your fun (or whatever you want to call your amateur neighborhood therapist gig) comes at the expense of others' quiet enjoyment of their property.

 

[army judge]

I'm so ready to go home.

One of the many wonderful things about this great nation is that if you wish to move from Point A to Point B, no one or nothing will stop you.

There are so many positive things to being a CITIZEN over a SUBJECT or a NUMBER.

I hope you get this sorted and continue to enjoy ALL of the freedoms this nation provides, thanks to those who stand ready today to keep us free tomorrow.

A great big thank you to all of those men and women who helped preserve our freedoms by wearing one of our nation's military uniforms.

I am never ashamed or scared to say it loudly and proudly, I love this nation (even with all of her faults) and am happy to have been born in one of her 50 states.

 

[Lisa Phipps]

How would

Oh, Lisa. Stop with the pearl-clutching dramatics. You're acting as if you're the last good person on the face of the earth. Just stop it. And if you want to have ANY shot at a favorable outcome you need to stop this "woe is me" stuff. It's no wonder your neighbor didn't address you directly if this is how you behave.

How would he know how I behave. He has never been around me. He cant see my house from his. I wasn't even living at that address when the complaint was filed. But since you seem to know me all so well. Please, enlighten me on how I should be behaving.

 

[Lisa Phipps]

One of the many wonderful things about this great nation is that if you wish to move from Point A to Point B, no one or nothing will stop you.

There are so many positive things to being a CITIZEN over a SUBJECT or a NUMBER.

I hope you get this sorted and continue to enjoy ALL of the freedoms this nation provides, thanks to those who stand ready today to keep us free tomorrow.

A great big thank you to all of those men and women who helped preserve our freedoms by wearing one of our nation's military uniforms.

I am never ashamed or scared to say it loudly and proudly, I love this nation (even with all of her faults) and am happy to have been born in one of her 50 states.

That is a beautiful statement! Thank you so much for posting this. You have given me a boost in spirit! God bless you.

 

[welkin]

Wrong. A lawful right to be on property doesn't mean anything goes. If my neighbor routinely has loud parties on his property at 2:00 a.m., that's nuisance, and I can sue and, if I do, I'll win.

But that has nothing to do with the misuse of an easement. Does it?

You are not responsible for what other people do..

Wrong.

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 post and back up your answers with actual statutes and case law. Do you remember how to do that?

If an easement grant does not put restrictions on the use of the easement, there are none. That means that the dominant estate can use the easement any time for any purpose that is not inconsistent with the intended purpose (ingress/egress).

 

[Lisa Phipps]

You remind of people who, when caught being obnoxious, say, "we were just having fun." Yeah...and your fun (or whatever you want to call your amateur neighborhood therapist gig) comes at the expense of others' quiet enjoyment of their property.

Wow! Strong opinion for such an acquaintance.

 

[Lisa Phipps]

Wow! Strong opinion for such an acquaintance.

 

[zddoodah]

Why don't you go back to your post and back up your answers with actual statutes and case law.

Because I save the good stuff for the people who pay me.

If an easement grant does not put restrictions on the use of the easement, there are none. That means that the dominant estate can use the easement any time for any purpose that is not inconsistent with the intended purpose

Wrong again. The holder of an easement is subject to the same restrictions as any property owner.

 

[Tax Counsel]

But that has nothing to do with the misuse of an easement. Does it?

The point, which you missed, is that just the fact that one is not a trespasser does not mean that the person is not liable for what he or she does there. In that respect, his example is on point.

So if a trespasser drives up your driveway and dumps a load of crap that's your fault?

No, but if I invite someone onto my easement and he dumps a load of crap on the easement thus violating the easement then that falls on me.

You may be an attorney but you are no easement attorney because you know very little about easement law.

Your snark on this is misplaced. I too am an attorney and disagreed with your assessment that "it's a joke." I don't know what your knowledge of property law and litigation is, but I can tell from your assessment that you either do not know it as well as you think you do or did not carefully read that complaint to really understand what was being alleged.

So far I am the only one to have actually cited GA case law. You haven't bothered, so before you ask others to cite GA law, I'd challenge you to do that to support your contentions.

If an easement grant does not put restrictions on the use of the easement, there are none. That means that the dominant estate can use the easement any time for any purpose that is not inconsistent with the intended purpose (ingress/egress).

The whole point here is that the plaintiff is alleging the easement is being misused, i.e. being used in a manner that exceeds what the easement allows. If the plaintiff's allegations are proven to then he has a good claim to pursue here. We don't have all the evidence that the court will see, and you seem to be assuming some things that we don't know, like what exactly the easement allows Lisa to do. In litigation, a smart attorney never assumes anything, and while you are not an attorney, you likewise would do well not to assume things that are not stated.

 

[zddoodah]

assuming some things that we don't know, like what exactly the easement allows Lisa to do.

I still have the complaint in my download folder, so here's the operative language: "Also conveyed herein is an easement for ingress and egress to a 20' drive way running from the south side of the property conveyed across and over Grantors['] property which lies south of the herein described property to the east right of way of Spring Place Road."

The complaint rather clearly alleges conduct well beyond "ingress and egress."

 

[welkin]

Wrong again. The holder of an easement is subject to the same restrictions as any property owner.

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 with the use of the easement unless it overburdens the granted use of the easement such as running a business when the easement was granted for a residential property or the easement was extended to non-covered property.

I still have the complaint in my download folder, so here's the operative language: "Also conveyed herein is an easement for ingress and egress to a 20' drive way running from the south side of the property conveyed across and over Grantors['] property which lies south of the herein described property to the east right of way of Spring Place Road."

The complaint rather clearly alleges conduct well beyond "ingress and egress."

What conduct would that be? The use of the easement at all hours of the day and night or the number of vehicles or that someone tossed a wrapper out the window?

Nothing in the complaint alleges a misuse of the easement. It perhaps alleges nescience or ,trespass on the servient estate but not a misuse of the easement that is inconstant with ingress/egress.

.

So far I am the only one to have actually cited GA case law. You haven't bothered, so before you ask others to cite GA law, I'd challenge you to do that to support your contentions

You posted the only case you could find in Georgia case law that used the term of the art, abused the easement.

"As a matter of law, neither a dominant tenement nor a servient tenement can interfere with each other's rights to use a nonexclusive easement for ingress and egress." Harvey v. Lindsey.[6]

The whole point here is that the plaintiff is alleging the easement is being misused, i.e. being used in a manner that exceeds what the easement allows.

First of all you don't know what the grant allowed or not. And I will say again, that nothing in the complaint is or would be in violation of an ingress/egress grant. Use of the easement by the dominant estate at any hour is not abuse. The number of vehicles that use it is not an abuse of the easement.