Property Dispute Leaves 3 Dead, 1 Injured and 2 In Prison, Maybe For Life

[Diggin It]

We never get all of the information in public news. Some more detailed things may come out at trial, but we don't generally get those either. And we don't know if these mapping programs are accurate or detailed. The paid ones might be better, but who knows about the free ones. All that said and based on the address given in one of the stories, I was able to find this.

The left triangle is listed as Clark's business (the shooter). The right triangle is the victim's. I don't see any land lock for normal access, driveways, etc. We don't know exactly what point along the property line was/is in dispute or what required the easement. Maybe the far northwest corner somewhere?

The yellow line at the bottom is the public road, same name as the one on the left.

I have a feeling the lower right points of the triangles should meet at the yellow line/road rather than slightly above as they're shown.

 

[RjCorazza]

It‘s a recognized legal principle that land can not be landlocked. I’m not surprised a judge granted a right of way.

Not landlocked, but when settling my parents estate we had an issue with the long time neighbor's driveway encroaching on my parents lot. The lawyer we had to hire implied that the neighbor could very likely get an "easement of necessity" or something similar, because he would have needed to remove several large trees and bulldoze through a 20' embankment to access his property.
We were always on good terms with the neighbor, and I was shocked with his attitude when we needed to resolve the matter.
The other neighbor (new) on the opposite side built a stockade fence 10' onto my parents property down the entire 500' property line after I told them we would not tolerate it. I can see how people get aggravated, but certainly not to the point of violence.

 

[paulsharvey]

In Florida, land can not be land locked, and a judge will force an easement. That easement is not free, and doesn't have to be the path of lease resistance, but in the end, an easement will be granted somewhere to get to your property. Also, not all access Easements are 24/7/365; and it is possible that you may have notification requirements, limited hours, ect, depending on how it was created.

In my county, talking to public works, for work, we have Class 1 Roads (dirt or paved, but it is county owned and maintained); Class 2 Roads (privately owned, privately maintained); Class 3 Roads (non-maintained County road, residents are responsible for maintenance, but county takes ownership); and Class 4 Roads (undetermined... it's plated, but they have to investigate who owns/maintains it). There are a lot of undetermined roads.

Edit: Don't shoot me if I got Class 2 and 3 mixed up...

 

[paulsharvey]

What I'm getting at with the classes of roads; it might show up on a plat/propery appraiser/hunting app; but you (general citizen) may not have legal access or right to use that road. Also, some truly county owned roads where never build, or where cleared but then over grown. In the late 70s/early 80s; developers laid graphics paper on a map, and broke 10,000s of acres into 0.10 acre parcels with plated roads, but never developed anything. It wouldn't be uncommon at all for an adjacent property owner to fence off that road, or build on it, and it could have been there 50+ years. Also, it could have been returned to adjacent propety owners, but not updated on a map

 

[dodge man]

Just a wild guess based on the aerial photos Digginit posted but the deceased maybe was crossing a small corner of the shooters property.

 

[Fuddyduddy1952]

To me there are so many worthwhile things kids should be taught in school, age appropriate of course. Instead kids are taught what pronouns not to use (he, she, etc), sex reassignment, everyone gets a trophy...list goes on. How about that "old devil consequence"? Use this as an example.
Things can be solved amicably. That pivotal day, within a few minutes all these lives changed forever. People dead, families suffer and murderer most likely rots in prison. What an accomplishment!???!

 

[2LaneCruzer]

It‘s a recognized legal principle that land can not be landlocked. I’m not surprised a judge granted a right of way.

You're correct. This principle goes way back. Under common law, you have a right of passage to your property, land locked or not. You have a right of entry and an easement, but it doesn't mean you don't have to pay a reasonable amount to the other landowners...except maybe if you have a right by conscription (squatters rights).

 

[woody]

I find this all very interesting because, we have an individual that owns 22.5 acres behind us and including us there are 4 neighbors that gave him a 20 foot easement right down the property line. it is my understanding that the power company requires 30 feet to run power and he has decided to sell the property but is telling everyone that it has an easement big enough for power or that the 4 neighbors will be forced to give up 10 more feet, now my driveway is 3/4 of a mile long and his easement goes beyond that so 10 feet for about a mile long. I've lived here for 20 years and this has been this way for 40 or more years. we have 11 acres here but one of the neighbors only owns 4 acres so it would not be right to force anyone to give up land.

 

[MossRoad]

Read this entire thread if anyone thinks they shouldn't involve a lawyer when dealing with easements. Regardless of if you're the landowner that the easement runs across, or the person that needs the easement across someone else's land to access your own property.

Help! I need legal advice re: easements

My neighbor has an easement thru my property " for ingress and egress, 20' in width upon the existing roadway" The existing roadway is a gravel road about 10' wide. He is now trying to widen the existing road and also take more of my land at the end of this road by adverse possession or...

www.tractorbynet.com

 

[paulsharvey]

I find this all very interesting because, we have an individual that owns 22.5 acres behind us and including us there are 4 neighbors that gave him a 20 foot easement right down the property line. it is my understanding that the power company requires 30 feet to run power and he has decided to sell the property but is telling everyone that it has an easement big enough for power or that the 4 neighbors will be forced to give up 10 more feet, now my driveway is 3/4 of a mile long and his easement goes beyond that so 10 feet for about a mile long. I've lived here for 20 years and this has been this way for 40 or more years. we have 11 acres here but one of the neighbors only owns 4 acres so it would not be right to force anyone to give up land.

It might depend on aerial vs underground. I did some quick reading our electric co-op, and just glancing over the 84 page doc, I didn't see a minimum easement width. It did say, all new services shall be UG from transformer to meter, unless approved by the co-op. Typically, they would want 10 ft aerial, horizontal clearance from trees/buildings, plus say, 12-16 ft needed for the access easement, I do see how 20 ft would be pretty skinny.