Attorneys, Unsocial Norms and a Cul De Sac

Last week, our new neighbor of one whole month approached me in a very disconcerting way and asked me if wanted to cut down our trees or have him do it so he could move a huge shared cul de sac thirty feet over and onto our property.  He affected a totally casual attitude like this was a branch overhanging his side of the fence or something. It was as if he was trying to rush in and hit us shock and awe style. He didn’t approach us in advance.

We’ve all heard horror stories about property boundary disputes between neighbors and they are quite common. In this case, however, we think the neighbor’s behavior was slightly bizarre.

My husband and I discussed it at length and questioned whether his approach was appropriate and we thought about the implications going forward. We asked ourselves if we’d over reacted or perceived his motives wrongly. Should we be wary of this person? Does he have any other intentions? What kind of a person would act in this manner? Are we over analyzing?

Now notice what we’re doing psychologically in the above paragraph by questioning ourselves. That’s what manipulators count on and they use it to their advantage to do something called Gas Lighting. It’s the creation of self doubt in the target in an attempt to weaken their position and gain an advantage.

We’ve been doing a lot of research and have learned that manipulators take advantage of a person’s conscientiousness in order to cause them to question themselves and grow doubtful of their own judgment. The recommended reaction is to listen to your gut when dealing with people like this, don’t question yourself, and deal with them accordingly.

With that said, I believe it may be pertinent to our situation. I believe this guy thought we were naive and would be pushovers. We believe he would have gone ahead with his plans had we not stopped him; and gotten away with it.

We stopped him or at least placed an obstacle in his way for the time being. We’ve done our homework, gave him a written notice of trespass (he’d already gone onto our property and marked survey lines for his cul de sac with spray paint), told him we don’t want the cul de sac, and we saw an attorney to make sure we had a legal leg to stand on. We have a plan to deal with the situation as it evolves depending on what he does or doesn’t do and any conversations we might have in the future.

Yes, what happened is a big deal and we should be concerned. This is our property; our home.

We drove to Spokane yesterday for the consultation and everything went much as we thought it would. Here’s what happened: Our neighbor had done his own survey and discovered the existing easement road was fifteen feet to the side of where it is shown on the survey so he just decided he was going to move it to where it’s depicted.  The road, however, has been in place for decades and would most likely be considered an implied easement and remain in place.

Things get a little dicy beyond that. The easement is also described as being in the location of an existing road in other parts of the same legal documents! There seems to be a contradiction in the legal paperwork necessitating a little extra examination in order for the attorneys to determine what the law would most likely favor.

The deed we signed is subject to an easement agreement going back to 2011 which is subject to another easement dated 1994. In order for the statute of limitations of at least twenty years of the implied easement use to take effect, we would have to “tack on” our own term of use to those in the past or we won’t make that twenty year statute.

Another point brought up by our attorneys is that the proposed change would be to our detriment and the neighbor’s benefit. We would be the only ones out of the three property owners subject to the easement to be affected negatively. I guess that also figures into the decision by the court, in our favor.

We were instructed to ask our neighbor for a professional survey first, see if he could produce one and go from there but I realized after we left the attorney’s office that the current one seems to be accurate with the exception of the location of the road.

Confusing!

We’ve decided to just watch and wait at this point then take action as need be with another trip to Spokane if things start to go sideways. We were told that it would save everyone a lot of money to just negotiate rather than go through litigation. We could even propose a sum for the use of our property as an option. Not sure we want to do that but it’s nice to know that’s a possibility.

We hope the neighbor doesn’t pursue construction of his behemoth of a turnaround but his personality as evidenced by his actions so far concerns us. We could have lived without this threat to our home and peace of mind. It could go either way although most likely ours.

Time and human psychology will tell.