I need some advice on a situation I have at hand. About 2 years ago my neighbor re did my back yard w/ a mini excavator. I allowed him to put in a 4" drain line across my property to drain into a ditch on the other side of my property. No easement paperwork was ever drawn up.
About a year ago he turns into a pos methhead & causes me no end of problems w/ drug traffic & noise, including this thread :
He isn't self destructing fast enough, I decided to take the fight to him, besides the following thread, local pd (who is spread thin) & next week county drug task force, I'm wanting to cap the illeagal undocumented easement. I drafted this letter that I will send certified mail giving notice so that he has notice & hopefully remove me from any damage that might result from the line being capped :
You are here by notified of the removal & capping of the illegal undocumented easement (drain pipe from XXXXXX Galena St.) located along the back property line of XXXXX Galena St.
The negative influential impact of such an undocumented easement upon both properties at a time of sale is undesirable for all parties involved.
You will be granted 10 days from the date of receipt of this certified letter till the beginning of such actual work.
XXXXXXXXXXXX : _____________________________________________
Date : _____________________________________________
Notary : _____________________________________________
Any thoughts or opinions welcomed. Thanks !
It's not "illegal," (just informal) and DON'T call it an "easement." An easement is a species of interest in real estate, and you don't want to make any admissions in that regard. What you gave him was a
Send a letter giving him reasonable (I'd say 30 days) notice of termination of his LICENSE, and advising him of exactly the steps you will be taking at the expiration of that time, and asking him to state any objections or requests in writing, by mail.
FLAL1A, Thank you for not letting me cut my own throat, my sincerest thank you's sir.