by doug_1 » Sat Oct 08, 2011 08:59 pm
Hi, We own a cottage on the ocean in Maine, which has deeded rights to use the right of way path and the beach in front of us. When we bought the property we purchased a title insurance policy with, that covers the right of way access to use the beach. The people who purchased the land in front of us have been harassing our renters and recently posted no trespassing signs. They called the sheriff who arrived and had us removed from the beach. We had to hire a lawyer who seemed to think the Title Insurance would cover her fees recently told us the coverage was denied. We have since run up attorney fees over 5K. She says to be patient, but we don't have the time, no money to gamble on the insurance kicking in later down the line. What can we, or our lawyer do force them to cover this now? The insurance company agreed we were covered for right-of-way beach access, but did not think the case was serious enough to trigger coverage. Thanks for any help you can provide me.
Posted: Sun Oct 09, 2011 08:34 am Post Subject:
This seems like a difficult case, but I'll take a shot.
There are one of two things going on here:
(1) Your property does not have legal right of way access to the beach. If this is the case, then the title insurance should kick in.
(2) Your property does have legal right of way access to the beach and the sheriff removed your tenants in error. If this is the case, then the title insurance should not kick in.
So it seems to me that you need to get legally established which of the two cases is in play here. If you do indeed have access, take your proof to the sheriff so they'll stop making your tenants leave the beach. You can also take your proof to small claims court to sue the new property owner for damages. Just by filing the suit you may be able to negotiate something with him.
This sounds like a real headache, but you're paying a lawyer for help, so press him to help you understand exactly what the plan is. If you don't trust him, then get some referrals to another lawyer. This is complicated, but the issue at hand (i.e. do you have access or not) has an answer one way or the other.
Good luck to you.
Posted: Sun Oct 09, 2011 09:22 pm Post Subject: Thanks!
Thanks so much for your helpful and speedy response. Just to clarify we do indeed have express rights to use the beach in our deed, but are being prevented from using it because the people in front of us have posted threatening signs, have blocked the pathway and are downright hostile when we try and go down there. They and their lawyer are telling us we have no rights to use the beach, but have not yet filed a suit. The sheriff was coming down almost every day when they called, but has recently stopped showing up.
The insurance claims adjuster has not suggested this is NOT a matter of coverage. He just does not think the solution to the coverage challenge is a declaratory judgement against the people blocking the beach access. I think if we get sued, the coverage will be triggered.
This has affected our business and I have had to return money to renters and had to stop renting. It's a nightmare.
So I'm trying to figure out what to do next. Do I put the place on the market and ask a realtor what the difference in property value is with and without beach access? Do I sue them in small claims court in order to get them to sue me, to trigger coverage?
Posted: Sun Oct 09, 2011 09:40 pm Post Subject:
Do you live near the property? Here's what I think is going to have to happen:
* Regarding "threatening" signs, ignore them. As far as you are concerned, those signs are for people that don't have legal access. You and your tenants have legal access.
* Regarding blocking access, if someone is blocking my doorway not allowing me to pass, I call the police. So do the same thing. They have no right to block your access.
* Since you have had to return money to renters, you have demonstrable monetary losses, so you already have grounds to sue. Unless your lawyer advises you otherwise, sue.
* Try talking with the other landowner. Find out what his real beef is. Maybe this whole thing can be deescalated.
* If that doesn't work, I'd invite 50 of my closest friends to come over and have a walkathon back and forth up and down the path from the house to the beach. Over and over. All day long. Then maybe you can talk to the other owner and point out that an occasional tenant walking to the beach isn't so bad compared with 50 people walking back and forth all day. Maybe have an "open house" every weekend and be sure to send all visitors down the path.
Also, I would be taking hidden audio and video recordings as you and your friends walk along the pathway. If anyone is assaulted, then when you press charges, you can be sure they will actually stick.
In short, if the other guy won't be reasonable, then you have to, in my opinion, get aggressive in documenting what's going on and in using all legal remedies (police, courts, etc.) available to you.
Think of it this way: if some bully is going to block your front door, are you going to push back or are you just going to start using the back door? Don't let this bully effectively steal your access rights.
Good luck to you.
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