Defending against a lawsuit for easements

Any thoughts on how one might proceed to defend against a lawsuit for multiple access easements? The neighbor requesting the easements is wanting to over-develop and over burden the current easement. The neighbor is a real estate attorney and believes he can get a judgement in his favor "by necessity." I disagree since the properties in question have other access easements - they'll just be expensive to develop. I have not granted the easements, so he wants to encumber an adjacent property I built on spec, and have in escrow, with a (sp) liz pendens to extort the easements from me. Easements are also required from the property in escrow.

I have identified and noticed my land patent, but it is not recorded. Might there be some remedy from this?

I have filed a UCC-1 FS and this property is included in the security agreement. Is there remedy in this approach?

I understand the UCC does not cover Real Estate transactions and banking transactions. Does that preclude a Deed Restriction from the UCC?

Thanks for any input anyone may have. Also, anyone know any resources for CTC3?


Many thanks.

ConCreFo

Originally Posted by ConCreFo

Any thoughts on how one might proceed to defend against a lawsuit for multiple access easements? The neighbor requesting the easements is wanting to over-develop and over burden the current easement. The neighbor is a real estate attorney and believes he can get a judgement in his favor "by necessity." I disagree since the properties in question have other access easements - they'll just be expensive to develop. I have not granted the easements, so he wants to encumber an adjacent property I built on spec, and have in escrow, with a (sp) liz pendens to extort the easements from me. Easements are also required from the property in escrow.

I have identified and noticed my land patent, but it is not recorded. Might there be some remedy from this?

I have filed a UCC-1 FS and this property is included in the security agreement. Is there remedy in this approach?

I understand the UCC does not cover Real Estate transactions and banking transactions. Does that preclude a Deed Restriction from the UCC?

Thanks for any input anyone may have. Also, anyone know any resources for CTC3?


Many thanks.

ConCreFo

ConCreFo: when you made the statement " I have identified and noticed my land patent,", are you indicating that the Land Patent is in your name and is registered with the Bureau of Land Management? Obviously it is not recorded at the local regime, else they would not be attempting to do what they have in mind. More clarification is needed in regard to whose name the patent is actually residing in.

You also might desire to check your references again as to what the UCC will cover and what it will not cover... I am certain that some of the folk on this list will disagree with you on one or more points to that statement.

Originally Posted by jerrypitts

ConCreFo: when you made the statement " I have identified and noticed my land patent,", are you indicating that the Land Patent is in your name and is registered with the Bureau of Land Management? Obviously it is not recorded at the local regime, else they would not be attempting to do what they have in mind. More clarification is needed in regard to whose name the patent is actually residing in.

You also might desire to check your references again as to what the UCC will cover and what it will not cover... I am certain that some of the folk on this list will disagree with you on one or more points to that statement.

The land patent is not in my name. When I say I have identified it, I have the land patent that was issued when this property (per STRF description)was conveyed in 1914. I believe myself to be an assign. (I have read your thoughts on this in other posts and would love any info references you would be willing to give. My info on Land Patents and the process of "bringing them forward in the name of the current owner" comes from material found at The Aware Group) My name is not on the patent at BLM. Would love to know the process to accomplish this.

My reference for the UCC and what areas are covered under that code comes from the Ohio Bar Exam Study guide. If there is something more accurate I would be grateful to be pointed in the direction of that material.

Many thanks to you for responding.