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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Hub Set

Saint Cloud, MN

#21 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?
Title companies rarely do all the work that is required, in fact they usually do less than the minimum. You need to protect your rights and interests, get the property surveyed before closing. Only a Surveyor will identify all the potential encumbrances and any encroachments on the property, including easements. Do not rely on your real estate agent or the title company, or the city, or the county...they don't know jack. Get it surveyed.
Tell It Like It Is

Minneapolis, MN

#22 Aug 3, 2010
Bido wrote:
<quoted text> 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.
I agree, but they didn't and there is one. Because we like our neighbor and don't want to make an issue of it, we chose not to pursue the matter. If and when we sell the property, it will now be included in the Title papers. However, I just wanted to point out that non-disclosure of an easement can happen, as it did with us and another poster here also. I'm not saying it happened in this case, as I don't think it did. But, can't this property owner have the easement vacated if he does not agree with it? I don't know the laws on this subject but it would be interesting to know if property owners have any recourse against easements.

Since: Aug 09

Saint Paul, MN

#23 Aug 3, 2010
Tell It Like It Is wrote:
<quoted text>
I agree, but they didn't and there is one. Because we like our neighbor and don't want to make an issue of it, we chose not to pursue the matter. If and when we sell the property, it will now be included in the Title papers. However, I just wanted to point out that non-disclosure of an easement can happen, as it did with us and another poster here also. I'm not saying it happened in this case, as I don't think it did. But, can't this property owner have the easement vacated if he does not agree with it? I don't know the laws on this subject but it would be interesting to know if property owners have any recourse against easements.
The easement is a legally binding contract, and most of them don't have expiration dates. Think about that for a minute...My old house has an easement for the phone company down the back of the lot. The new owners can't just tell the phone company 'I want this easement vacated because I don't like it being here...move your cables'. The only way the easement would go away is if the telephone company abandoned the lines and gave the easement back.

That being said...I suppose a land owner could go back to the company and offer to BUY back the easement, but that is unlikely to be accepted.

All the posts I read about Title companies not doing their job, big business beating up the poor homeowner, etc...it all comes down to responsibility. If you don't do you due diligence, you deserve any issues you get with easements or liens or whatever.
Tell It Like It Is

Minneapolis, MN

#24 Aug 3, 2010
Incredible70 wrote:
<quoted text>
The easement is a legally binding contract, and most of them don't have expiration dates. Think about that for a minute...My old house has an easement for the phone company down the back of the lot. The new owners can't just tell the phone company 'I want this easement vacated because I don't like it being here...move your cables'. The only way the easement would go away is if the telephone company abandoned the lines and gave the easement back.
That being said...I suppose a land owner could go back to the company and offer to BUY back the easement, but that is unlikely to be accepted.
All the posts I read about Title companies not doing their job, big business beating up the poor homeowner, etc...it all comes down to responsibility. If you don't do you due diligence, you deserve any issues you get with easements or liens or whatever.
As I said, fortunately the easement on our property isn't a problem for us. As the owner of many properties, past and present, I am well aware of my own responsibilities. However, if you have practiced due diligence by paying for Title Insurance, checking with the county recorders office, etc. and still their is an easement or other property issues, your only recourse is through the courts. That's not the case here as I believe these land owners knew of the easement. I just wanted to know if, once an easement is in place, how can a property owner go about vacating it, if they even can. I don't know if you really know property laws or are just posting your opinions, but I do know that you project a somewhat smug attitude by your statement that one "deserves" any issues they get. From reading some of your posts, through out the Topix forum, you seem pretty harsh about most subjects. Why is that?

Since: Aug 09

Saint Paul, MN

#25 Aug 3, 2010
Tell It Like It Is wrote:
<quoted text>
As I said, fortunately the easement on our property isn't a problem for us. As the owner of many properties, past and present, I am well aware of my own responsibilities. However, if you have practiced due diligence by paying for Title Insurance, checking with the county recorders office, etc. and still their is an easement or other property issues, your only recourse is through the courts. That's not the case here as I believe these land owners knew of the easement. I just wanted to know if, once an easement is in place, how can a property owner go about vacating it, if they even can. I don't know if you really know property laws or are just posting your opinions, but I do know that you project a somewhat smug attitude by your statement that one "deserves" any issues they get. From reading some of your posts, through out the Topix forum, you seem pretty harsh about most subjects. Why is that?
I know a lot of things...8 years of grad school will do that to a person...including simple concepts like land contracts and easements. If you want to just call me names, then don't listen to what I said. But if you want to prove me wrong, then go ahead and pay a lawyer to give you an opinion. I'm betting he will tell you the same thing. The bottom line is this...

If you do your due diligence, have the property checked by a title company and surveyor, and get title insurance, you WILL find out if there is a legal easement filed against the property. If, after that time, you find there is some 'written on a napkin' type contract in place, then you would have a legal position to fight the contract (because there is not, legally, an easement). Otherwise, you can't just 'get out of it'.

The law is really not that complicated when you take away the 'feelings' and deal with the writing on the paper.

You even say the same thing in your post...I'm pretty sure the guy's family knew darn well it was there, and now are upset it is being used. Nevermind that the price they paid for the property reflected the easement. Tough rocks to them. This is just a prime example of this country's downhill slide. Go to court because you don't want to accept the truth...if you fight long enough, and put up enough road blocks...sometimes you get your way.

Since: Apr 08

Twin Cities

#28 Aug 3, 2010
Tell It Like It Is wrote:
<quoted text>
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.
That's the type of lake I'm on, only we do have one public launch. Riparian rights guarantee you access to navigable water should the lake level drop beyond your property line, the riparian zone being between the established high and low water marks. The city or county retains ownership of that zone but you and will still be able to put our docks out to the water even if that means the dock is completely within the riparian zone and off your property. That happened in our case before we bought the property. Essentially, the lake dropped so much that we now have access and use of about twice what we pay taxes on, though we are not allowed to erect any structures or boat houses within that zone. If or when the lake level rises again, we'll simply move our dock back accordingly. I like the fact that the riparian zone must be maintained as a natural buffer (at least on our lake) without any modifications to the lakeshore. Just keep that word "riparian" in mind should your water levels change drastically.

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