Superior man arrested for trespassing...

Superior man arrested for trespassing on own property in court again

There are 26 comments on the TwinCities.com story from Aug 3, 2010, titled Superior man arrested for trespassing on own property in court again. In it, TwinCities.com reports that:

Jeremy Engelking, the Superior man arrested for trespassing on his own property last year, was back in court Monday as his tangle with Enbridge Energy Partners continues.

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zingbopper

Alma Center, WI

#1 Aug 3, 2010
No one likes other people on their property.
Tough one to call. Yeah they had an easement, but that was from the late 40's,
people and ideals have changed since then. I think an easement should be updated every 10 years or so. Big business' always bully the little guy.
Chrystal

Burnsville, MN

#2 Aug 3, 2010
What ever happend to a contract?

Since: Aug 09

Saint Paul, MN

#3 Aug 3, 2010
I'm sure his family liked the money they got for easement all those years ago...

Since: Apr 08

Twin Cities

#4 Aug 3, 2010
The fact remains that land does not really belong to its tenants, even though the bank may have been paid off in full years ago. There's kind of a false sense of security in thinking that the plot of land you've paid on for years bears your name on the title. It is a really tough call to make, like zing says, when the needs of the many and the bank accounts of the big guys all outweigh the needs and wishes of the landowner. I wonder for this particular 20 acre parcel, what is its primary use? Is it the Engelkings' homestead or a recreational property? Are there buildings on it or is it virgin?
dallas

Webster, NY

#5 Aug 3, 2010
dumb a s s they sent you a check for $15,000 AND are restoring the land they tore up....... are you stupid?
dallas

Webster, NY

#6 Aug 3, 2010
when you BUY a piece of land do they NOT disclose that there is an easement on that piece of property and how much land is in easement? they did for me when i bought my house.........

Since: Aug 09

Saint Paul, MN

#7 Aug 3, 2010
Come on Zen...you are better than that comment. An easement is not 'big brother' or 'big business' screwing the little guy. It was purchased from the landowner at some point for a negotiated price for later use. The company purchasing the easement IS listed on the Title paperwork because they legally own the right to use that piece of the property. If the property changed hands, the easement would be clearly defined in the Title documents at the time of sale.

Additionally, an easement typically requires that the person granted the easement return the property to the same condition it was in, and they are trying to do that. The use of the overall 20 acre property has no bearing whatsoever, so long as they put it back the way they found it. Easements typically prevent a property owner from building within the easement (or in some cases even planting trees or shrubs), so there shouldn't have been any buildings affected.

Tell It Like It Is

Minneapolis, MN

#8 Aug 3, 2010
The company has installed three pipes on this property since 1976, using an easement they purchased in 1949. The article doesn't say how many, if any, have been installed on that site between 1949 and 1976. Just how many pipes can they lay here before enough is enough? When can the property owner decide he doesn't want his land used by others anymore? Will the government take it by Eminent Domain next if he doesn't comply with this 61 year old easement? Doesn't he have any rights? It also says the property owner tore up the $15,000 check the company gave him the last time. I don't think that does anything for him legally, but shows he is not accepting their compensation for their use of his land any longer. And to be clear about easement disclosure, we purchased a lake shore property last Fall and there IS an easement on it that WAS NOT in the title papers, so I know this does happen. The easement gives our neighbor a 425 foot road through our property that allows him lake access where he has installed a dock, and is on our lake shore frontage. He did not pay for this easement, it was done by the previous owner that owned both properties prior to either of us. We pay the property taxes for the land and the lake shore frontage, including his easement, he does not. We don't begrudge him the use, he is our neighbor after all. But the point is, it was not disclosed in the title nor did the real estate agents know of it. I guess my question is when is the property we purchase, maintain and pay taxes on, really OUR property?

Since: Apr 08

Twin Cities

#9 Aug 3, 2010
Incredible70 wrote:
Come on Zen...you are better than that comment. An easement is not 'big brother' or 'big business' screwing the little guy. It was purchased from the landowner at some point for a negotiated price for later use. The company purchasing the easement IS listed on the Title paperwork because they legally own the right to use that piece of the property. If the property changed hands, the easement would be clearly defined in the Title documents at the time of sale.
Additionally, an easement typically requires that the person granted the easement return the property to the same condition it was in, and they are trying to do that. The use of the overall 20 acre property has no bearing whatsoever, so long as they put it back the way they found it. Easements typically prevent a property owner from building within the easement (or in some cases even planting trees or shrubs), so there shouldn't have been any buildings affected.
Good morning, Inc. I'm just curious why the Engelkings are so adamantly opposed to the use of the easement. If it's their primary property or a recreational one would shed a little light on their resistance to the pipeline running through it. I've owned a few properties in my time (recreational, rental, and homestead) and have some experience with easements. Not a lot, mind you, but enough to understand the cooperation needed among all parties. I really didn't think of this as a 'business screwing the little guy' kind of a case, just trying to put the Engelkings' case into perspective. Coincidentally, I just sold my 20 acre place to move into a convenient smaller home in town. That property sat adjacent to the Williams pipeline but that particular easement never affected me. I did remember when we first moved there, though, having it in the back of my mind that I sure hoped the pipeline wasn't something to be concerned about being that close to my well and gardens. Of course, it wasn't a problem during the years I lived there.

Since: Apr 08

Twin Cities

#10 Aug 3, 2010
Tell It Like It Is wrote:
The company has installed three pipes on this property since 1976, using an easement they purchased in 1949. The article doesn't say how many, if any, have been installed on that site between 1949 and 1976. Just how many pipes can they lay here before enough is enough? When can the property owner decide he doesn't want his land used by others anymore? Will the government take it by Eminent Domain next if he doesn't comply with this 61 year old easement? Doesn't he have any rights? It also says the property owner tore up the $15,000 check the company gave him the last time. I don't think that does anything for him legally, but shows he is not accepting their compensation for their use of his land any longer. And to be clear about easement disclosure, we purchased a lake shore property last Fall and there IS an easement on it that WAS NOT in the title papers, so I know this does happen. The easement gives our neighbor a 425 foot road through our property that allows him lake access where he has installed a dock, and is on our lake shore frontage. He did not pay for this easement, it was done by the previous owner that owned both properties prior to either of us. We pay the property taxes for the land and the lake shore frontage, including his easement, he does not. We don't begrudge him the use, he is our neighbor after all. But the point is, it was not disclosed in the title nor did the real estate agents know of it. I guess my question is when is the property we purchase, maintain and pay taxes on, really OUR property?
Very interesting! I also just purchased a small lakeshore property with an undisclosed easement granted the city years before the land was divided and built up. A few phone calls and several confused city and county employees later, I was able to clear up the mystery. There's a whole different set of rules when it comes to lakeshore, it seems. Have you run into 'raparian water rights' yet?
JRC

Saint Paul, MN

#11 Aug 3, 2010
Although the article states that an easement was granted in 1949, I can hardly wait to see how many of you blame this one on Obama.
trolls

Hugo, MN

#12 Aug 3, 2010
JRC wrote:
Although the article states that an easement was granted in 1949, I can hardly wait to see how many of you blame this one on Obama.
Then why bring him up in the conversation?

Since: Apr 08

Twin Cities

#13 Aug 3, 2010
Tell It Like It Is wrote:
The company has installed three pipes on this property since 1976, using an easement they purchased in 1949. The article doesn't say how many, if any, have been installed on that site between 1949 and 1976. Just how many pipes can they lay here before enough is enough? When can the property owner decide he doesn't want his land used by others anymore? Will the government take it by Eminent Domain next if he doesn't comply with this 61 year old easement? Doesn't he have any rights? It also says the property owner tore up the $15,000 check the company gave him the last time. I don't think that does anything for him legally, but shows he is not accepting their compensation for their use of his land any longer. And to be clear about easement disclosure, we purchased a lake shore property last Fall and there IS an easement on it that WAS NOT in the title papers, so I know this does happen. The easement gives our neighbor a 425 foot road through our property that allows him lake access where he has installed a dock, and is on our lake shore frontage. He did not pay for this easement, it was done by the previous owner that owned both properties prior to either of us. We pay the property taxes for the land and the lake shore frontage, including his easement, he does not. We don't begrudge him the use, he is our neighbor after all. But the point is, it was not disclosed in the title nor did the real estate agents know of it. I guess my question is when is the property we purchase, maintain and pay taxes on, really OUR property?
Correcting my error:'riparian rights'
Tell It Like It Is

Minneapolis, MN

#14 Aug 3, 2010
ZenBirdist wrote:
<quoted text>Very interesting! I also just purchased a small lakeshore property with an undisclosed easement granted the city years before the land was divided and built up. A few phone calls and several confused city and county employees later, I was able to clear up the mystery. There's a whole different set of rules when it comes to lakeshore, it seems. Have you run into 'raparian water rights' yet?
No, it is a small environmental lake (no public access) with only 14 lake homes surrounding it and plenty of open lake shore between them so I don't see that ever being a problem.
Tell It Like It Is

Minneapolis, MN

#15 Aug 3, 2010
JRC wrote:
Although the article states that an easement was granted in 1949, I can hardly wait to see how many of you blame this one on Obama.
Oh give them time.....they will.

Since: Jul 08

Elko, NV

#16 Aug 3, 2010
Tell It Like It Is wrote:
The company has installed three pipes on this property since 1976, using an easement they purchased in 1949. The article doesn't say how many, if any, have been installed on that site between 1949 and 1976. Just how many pipes can they lay here before enough is enough? When can the property owner decide he doesn't want his land used by others anymore? Will the government take it by Eminent Domain next if he doesn't comply with this 61 year old easement? Doesn't he have any rights? It also says the property owner tore up the $15,000 check the company gave him the last time. I don't think that does anything for him legally, but shows he is not accepting their compensation for their use of his land any longer. And to be clear about easement disclosure, we purchased a lake shore property last Fall and there IS an easement on it that WAS NOT in the title papers, so I know this does happen. The easement gives our neighbor a 425 foot road through our property that allows him lake access where he has installed a dock, and is on our lake shore frontage. He did not pay for this easement, it was done by the previous owner that owned both properties prior to either of us. We pay the property taxes for the land and the lake shore frontage, including his easement, he does not. We don't begrudge him the use, he is our neighbor after all. But the point is, it was not disclosed in the title nor did the real estate agents know of it. I guess my question is when is the property we purchase, maintain and pay taxes on, really OUR property?
Unless stated in a contract the easement has no expiration. This is what title insurance is for. The company who did your title work should have discovered the easement if there is one.
husker red

Concord, CA

#17 Aug 3, 2010
An easement is an easement, get title insurance. it should show the easements on your property. It doesn't matter how old the easement is, it stays until there is by a time condition or relesed by the easement holder. If these people didn't like the easement on their property they shouldn't have bought it.
Ron Orf

Clarksville, IA

#18 Aug 3, 2010
The Endlekings' appear to me to be cranks. I am sure the survivalist/anti guv'mint crowd will applaud them, but I generally think a contract needs to be enforced. I also think that unless they heat with wood they are a bit hypocritical. If there IS erosion while the company has to wait to get it fixed I sincerely hope these folks do not use the "failure to repair" clause as a way to get more bucks or out of th contract.
ya shure you betcha

Minneapolis, MN

#19 Aug 3, 2010
Is it worth the shame of living in Souptown so you can be referred to as a "Superior man" when something like this happens?
Jeff Calander

Saint Cloud, MN

#20 Aug 3, 2010
What a moron. The easement was put in place in 1949, he bought the property in 1976...with the easement. The easement stays with the property and there is nothing he can do about it. If he didn't like the easement, he shouldn't have bought the property.

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