From: Banty 
Newsgroups: misc.consumers.house
Subject: Re: Property Dispute - Encroacher won't accept easement!
Date: 16 Jun 2007 12:40:33 -0700
Bytes: 2357

In article <1kUci.13$005.0@newsfe04.lga>, G-Dawg says...
>
>> Do I have this right?  She'll do the easement only if the land swap can't 
>> be
>> done in time for *your* sale, although she much prefers the land swap??
>>
>> What impetus then does she have to agree to the easement?  Your sale being 
>> held
>> up; your problem - no?
>>
>> Exactly what is this land swap?
>>
>> Banty
>>
>She wants to swap a small triangle parcel of her back yard for the small 
>triangle up on the ledge that is her driveway pad.
>
>Many legalities in providing clear title for a small piece of a property 
>that is under mortgage.
>
>The easement is easier. She just has to agree to maintain it, etc.
>
>If she doesn't accept the easement, I put up a fence on my property and she 
>no longer has the moving room to get into her garage.
>
>The odd thing is usually the encroacher has the problem getting permission 
>from the land owner. I have not seen where the encroacher is offered the 
>permission/easement by the land owner but it is refused and the use 
>continues. 

Well, usually the encroacher is in the weaker bargaining position.

But now that you're anxious to have things settled quickly to sell your house,
that's bargaining position you would have had is somewhat offset, isn't it.  So
that's the diff.  Except that you still own the land.

So call her bluff and put up that fence.

Banty