Nevada Public Lands -- Dock Blocked by Irrate Resident
 

Dear Friends,

I'm posting here to see if someone can give me advice on a land
grabbing situation in Crystal Bay. Maybe this isn't the correct
forum,
but I was hoping to find some information and/or sympathetic support.


The issue:


I am a frequent visitor to Crystal Bay, NV. My friend's have owned a
modest and adorable cabin designed in the old spirit of Lake Tahoe
before mansions were built in the area -- truly a gem, and we love
being able to visit the lake.


In 2001, a resident constructed a fence that blocks an easement that
gave access to a boat and swimming dock located on Nevada Public
Land. The easement
passes through a portion of this resident's property. My friends do
not have lake access. For years, we used the easement in order to
access the lake. Now that the fence is in place, the dock is fairly
inaccessible, and we have just a few options:


Trespass on another resident's property and access the dock from a
steep and dangerous hill


Climb the fence and risk the resident calling the sheriff's
department
which she has done in the past ... or risk being harassed by the
resident which she has done on numerous occasions


Refrain from using dock at all.


The resident was issued a cease and desists while the fence was being
built by the Nevada State Lands Division. When Nevada officials left
the scene, the resident continued construction, installed a gate, and
she locked the gate with a padlock. She offered a key to the local
residents ONLY if they signed a paper acknowledging that she owns the
land beyond the gate. Obviously, my friends refused, so she refused
to give them a key.


There is some conjecture that the fence also blocks access by
emergency vehicles like Fire trucks. I am not sure if this is true
or
if it is a rumor. We made the climb to the dock a few months ago, and
we found the dock in a sad state of disrepair. It doesn't look like
the state of Nevada can even access the land in order to maintain it.


I have contacted the Washoe County Clerk and the Nevada State Lands
Division.


This issue has been pending for 6 years.


Does anyone have advice on how to approach this issue from the
perspective of local politics or government?


Any help would be really appreciated.


Best Regards

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

"sillz" wrote
Climb the fence and risk the resident calling the sheriff's
department which she has done in the past ...

What does she tell the sheriff? That someone is using the public easement
that she illegally blocked?

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

On Sep 10, 6:06?pm, sillz wrote:


In 2001, a resident constructed a fence that blocks an easement that
gave access to a boat and swimming dock located on Nevada Public
Land. The easement
passes through a portion of this resident's property. My friends do
not have lake access. For years, we used the easement in order to
access the lake.


For how many years?

Was the use public, "notorious", etc?

Your friend and his landlocked neighbors may have established a
"proscriptive" easement. In addition, the deed for the property the
easement crosses may list that easement as an exception to free and
clear title- and if it does the property owner cannot simply deny you
access.




Trespass on another resident's property and access the dock from a
steep and dangerous hill

Climb the fence and risk the resident calling the sheriff's
department
which she has done in the past ... or risk being harassed by the
resident which she has done on numerous occasions


If the easement is recorded at the county, stick a copy of the public
record in your pocket and climb the fence. I understand there is a lot
of rowdy behavior in the middle of the night in that vicinity, and it
would be a shame if some young hoodlums took after that fence with
bolt cutters.
If you climb the fence (assuming it remains intact) and the sheriff
shows up you can say, "Am I glad to see you! I've been meaning to call
you guys about this fence that has been illegally erected across a
public easement!"

If the property owner sticks her head out the window and bitches, let
her.





Refrain from using dock at all.

The resident was issued a cease and desists while the fence was being
built by the Nevada State Lands Division. When Nevada officials left
the scene, the resident continued construction, installed a gate, and
she locked the gate with a padlock. She offered a key to the local
residents ONLY if they signed a paper acknowledging that she owns the
land beyond the gate. Obviously, my friends refused, so she refused
to give them a key.

There is some conjecture that the fence also blocks access by
emergency vehicles like Fire trucks. I am not sure if this is true
or
if it is a rumor. We made the climb to the dock a few months ago, and
we found the dock in a sad state of disrepair. It doesn't look like
the state of Nevada can even access the land in order to maintain it.

I have contacted the Washoe County Clerk and the Nevada State Lands
Division.

This issue has been pending for 6 years.

Does anyone have advice on how to approach this issue from the
perspective of local politics or government?

Make it a crisis.

Create a major public stink, get the media involved, and don't let up
until the political inertia becomes political action.






Any help would be really appreciated.

Best Regards

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

"sillz" wrote in message
ups.com...
Dear Friends,

I'm posting here to see if someone can give me advice on a land
grabbing situation in Crystal Bay. Maybe this isn't the correct
forum,
but I was hoping to find some information and/or sympathetic support.


The issue:


When you spoke to an **LOCAL** attorney from that town, what did he/she
suggest?

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

sillz wrote:
Does anyone have advice on how to approach this issue from the
perspective of local politics or government?

Hire an attorney to search the Courthouse land records to verify that
a recorded easement actually exists. If it does, your attorney will
know what to do next. It won't be all that difficult. If it doesn't,
be glad you had access while it lasted, accept the owner's right to
her property and get a key. A prescriptive easement is very difficult
(maybe impossible in this case) to obtain.

Rick

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

Chuck Gould wrote:
On Sep 10, 6:06?pm, sillz wrote:

In 2001, a resident constructed a fence that blocks an easement that
gave access to a boat and swimming dock located on Nevada Public
Land. The easement
passes through a portion of this resident's property. My friends do
not have lake access. For years, we used the easement in order to
access the lake.


For how many years?

Was the use public, "notorious", etc?

Your friend and his landlocked neighbors may have established a
"proscriptive" easement. In addition, the deed for the property the
easement crosses may list that easement as an exception to free and
clear title- and if it does the property owner cannot simply deny you
access.




Trespass on another resident's property and access the dock from a
steep and dangerous hill

Climb the fence and risk the resident calling the sheriff's
department
which she has done in the past ... or risk being harassed by the
resident which she has done on numerous occasions


If the easement is recorded at the county, stick a copy of the public
record in your pocket and climb the fence. I understand there is a lot
of rowdy behavior in the middle of the night in that vicinity, and it
would be a shame if some young hoodlums took after that fence with
bolt cutters.
If you climb the fence (assuming it remains intact) and the sheriff
shows up you can say, "Am I glad to see you! I've been meaning to call
you guys about this fence that has been illegally erected across a
public easement!"

If the property owner sticks her head out the window and bitches, let
her.





Refrain from using dock at all.

The resident was issued a cease and desists while the fence was being
built by the Nevada State Lands Division. When Nevada officials left
the scene, the resident continued construction, installed a gate, and
she locked the gate with a padlock. She offered a key to the local
residents ONLY if they signed a paper acknowledging that she owns the
land beyond the gate. Obviously, my friends refused, so she refused
to give them a key.

There is some conjecture that the fence also blocks access by
emergency vehicles like Fire trucks. I am not sure if this is true
or
if it is a rumor. We made the climb to the dock a few months ago, and
we found the dock in a sad state of disrepair. It doesn't look like
the state of Nevada can even access the land in order to maintain it.

I have contacted the Washoe County Clerk and the Nevada State Lands
Division.

This issue has been pending for 6 years.

Does anyone have advice on how to approach this issue from the
perspective of local politics or government?

Make it a crisis.

Create a major public stink, get the media involved, and don't let up
until the political inertia becomes political action.


It sounds to me that the property owner has already spoken to an
attorney and is following their recommendations. If the "easement" is
an express easement, one that is actually on the public records, the
paper acknowledging the owners land, would not remove the easement. If
their is no real easement on the property and she allows the public to
continue to use the land without enforcing her rights, she can give up
her legal right to enforce her rights as a landowner, and a prescriptive
easements can come in effect.

It sounds like she is taking the necessary legal actions to insure she
does not lose her property rights due to a proscriptive easement.

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

Hire an attorney to search the Courthouse land records to verify that
a recorded easement actually exists.

Or simply go to the land records office at the court house yourself. It's
easy. I spent several summers helping my Dad by doing title searches.
Real estate law varies between states and even in different counties. There
may be other issues associated with access to public waters and lands. That
property owner may or may not have legal rights to block public access to
public property. They may WANT to do such, but that doesn't make it legal.
But it's impossible to say one way or the other without being versed in
local Nevada real estate laws and that property in particular. This would
be where, after visiting the court house and speaking with the land records
folks, that you'd probably need to retain a lawyer known to handle cases in
THAT particular county.

-Bill Kearney

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

"Reginald P. Smithers III" wrote:
It sounds like she is taking the necessary legal actions to insure she
does not lose her property rights due to a proscriptive easement.

I second that notion.
Wouldn't hurt to check for sure but.......

Rick

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

On Mon, 10 Sep 2007 18:06:49 -0700, sillz penned the following well
considered thoughts to the readers of rec.boats:

She offered a key to the local
residents ONLY if they signed a paper acknowledging that she owns the
land beyond the gate.

Though I don't get the meaning in this.... I'm pretty sure that this
is what the drill was all about.

I'd check with an attorney. If there is an easement permitting access,
I suspect that one moonless night, the fence's integrity would be
severely compromised.

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

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http://www.thebayguide.com/rec.boats
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Nevada Public Lands -- Dock Blocked by Irrate Resident
 

Gene Kearns wrote:
If there is an easement permitting access,
I suspect that one moonless night, the fence's integrity would be
severely compromised.

LoL! Moonless night?? If an easement exists, the gate will come
down in broad daylight, right in front of God & EVERYbody, no prob.

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

On Sep 11, 1:50 pm, wrote:
Gene Kearns wrote:
If there is an easement permitting access,
I suspect that one moonless night, the fence's integrity would be
severely compromised.

LoL! Moonless night?? If an easement exists, the gate will come
down in broad daylight, right in front of God & EVERYbody, no prob.

Thanks for all of the replies. I did some more research with the
county and discovered more information. The easment has been used
since the 1930's. There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded, but the map HAS been used over and over again as
reference by the state and by the county. Another legal battle with
another resident looked into the map issue, and the map was allowed or
accepted because it's been used for so long. The resident who is
suing has another argument -- that the public land is not intended for
recreational use. The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed so that it could be maintained and kept pristine. The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land. Legally, public lands must have
"reasonable access." It seems to me that someone intended that the
land be accessed. My friends have been using the easment since they
purchased the property in 1950. I have been using the easment
beginning in 1997. I haven't spoken to an attorney. I don't really
have the money for that.

Just to clear something up: The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers. The fence does not block
her property. On the fence is a gate with a padlock. She has made
multiple copies of the key and will give a key ONLY to the residents
that sign a paper stating that they agree that she owns the road and
the easment. She is essentially blocking only the easment and
therefor blocking access to the public land.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

Thanks again for all of your replies.

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

On Wed, 12 Sep 2007 12:13:28 -0700, sillz penned the following well
considered thoughts to the readers of rec.boats:

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

Please let us know the outcome.....

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
-----------------
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Access your favorite newsgroups from home or on the road
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Nevada Public Lands -- Dock Blocked by Irrate Resident
 

sillz wrote:
There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded,

Sounds like a reasonable argument to me.

but the map HAS been used over and over again as
reference by the state and by the county.

Sooooo... who owns the map? Where is it located? And how would the
general public know of its existence? ..... much less get access to
it?

The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed

Now I'm confused.
Is the strip in question "owned" by the State? I thought it was owned
by the resident with an easement across it for access to the lake.

The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land.

Soooo.... there's not actually an easement ("easement" in this case
meaning the right to cross but not fee simple title).

Legally, public lands must have "reasonable access."

I don't know about Nevada but that's not the case everywhere. Lots of
public lands are semi or totally restricted, although that may be
irrelevant in this case.

The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers.

Have you looked at the property description on her deed (it's public
info at the courthouse)? Might take a surveyor to figure out who owns
what. But if her property description covers only the property
"adjacent" to the strip in question..... I'd think she has a problem.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

I second the request to let us know how it comes out.

Rick

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

On Sep 12, 1:13 pm, wrote:
sillz wrote:
There is a map from 1930 that shows that easment
but the map was never "recorded." The resident is now suing the state
of nevada and the county. Her argument is based on the fact that the
map wasn't recorded,

Sounds like a reasonable argument to me.

but the map HAS been used over and over again as
reference by the state and by the county.

Sooooo... who owns the map? Where is it located? And how would the
general public know of its existence? ..... much less get access to
it?

The map is the Crystal Bay Corporation's publically accessible
subdivision map dated 1931. It is on record with the city of Crystal
Bay, but it was never officially recorded with the county. The county
has historically used this same map over the years. The county and
state assert that there is implied "dedication" of the map through
historical use

The land was purchased using bond act money @
1993. The bond act was intended to purchase land that could not be
developed

Now I'm confused.
Is the strip in question "owned" by the State? I thought it was owned
by the resident with an easement across it for access to the lake.

The parcel of land containing the dock is owned by Nevada Division of
Public Lands. The resident's property is adjacent to the State
parcel. The state parcel does not have road access. The resident
owns the land in front of the State parcel as well. A foot path was
established years ago so that Nevada could maintain the land and dock.

The State
of Nevada repaired the dock at the location and installed a foot path
when they purchased the land.

Soooo.... there's not actually an easement ("easement" in this case
meaning the right to cross but not fee simple title).

As I have been told, the easment is recorded in the 1931 subdivision
map. This is the state's argument -- that the map clearly shows a
legal easement. She's arguing that the map is not legitimate because
it was never recorded with the county ... although it's been on record
with the city for over 70 years.

Legally, public lands must have "reasonable access."

I don't know about Nevada but that's not the case everywhere. Lots of
public lands are semi or totally restricted, although that may be
irrelevant in this case.

According to the transcripts I read from Nevada Division of Public
Lands staff meeting, land belonging to them must be reasonably
accessibly by the public.

The resident is saying that she put the
fence up in order to protect herself, but the fence only blocks the
state property which is adjacent to hers.

Have you looked at the property description on her deed (it's public
info at the courthouse)? Might take a surveyor to figure out who owns
what. But if her property description covers only the property
"adjacent" to the strip in question..... I'd think she has a problem.

I haven't been able to look up this information yet.

The State of Nevada and County have counter sued and there is a court
date set for November 17th. I guess I'll have to await the outcome of
the trial.

I second the request to let us know how it comes out.

I'll certainly let you know the outcome!

Rick

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

sillz wrote:
The state parcel does not have road access. The resident
owns the land in front of the State parcel

aha! That makes a big difference. In theory, every landowner has the
legal right to access his land whether that landowner is an individual
or a State. In an access dispute, a judge will decide where and how
that access will be accomplished. It might not be convenient or
sensible or inexpensive and it might be via a totally different route,
but rest assured, there will be access for the State some way somehow.
My bet is that the State and the Landowner will work out a deal before
it goes to trial. The State may agree to pay for the easement annually
or something like that. Unfortunately, this doesn't guarantee that the
gate will come down. But this'll be interesting.
Don't forget to let us know,
Thanks,
Rick
btw, I'm not a lawyer. I'm just a broker and investor who's been
through my fair share of boundary and access disputes.

Nevada Public Lands -- Dock Blocked by Irrate Resident
 

On Sep 12, 4:12 pm, wrote:
sillz wrote:
The state parcel does not have road access. The resident
owns the land in front of the State parcel

aha! That makes a big difference. In theory, every landowner has the
legal right to access his land whether that landowner is an individual
or a State. In an access dispute, a judge will decide where and how
that access will be accomplished. It might not be convenient or
sensible or inexpensive and it might be via a totally different route,
but rest assured, there will be access for the State some way somehow.
My bet is that the State and the Landowner will work out a deal before
it goes to trial. The State may agree to pay for the easement annually
or something like that. Unfortunately, this doesn't guarantee that the
gate will come down. But this'll be interesting.
Don't forget to let us know,
Thanks,
Rick
btw, I'm not a lawyer. I'm just a broker and investor who's been
through my fair share of boundary and access disputes.

Yeah, they came close to a settlement on 3 different occasions over
the past 2 years. In each case, the settlement never materialized.
When I spoke to the Nevada Lands Division, they seemed confident it
will go to trial this time. We'll see. Thanks for all the
information. Sorry you got your experience through disputes. I'll
write more after Nov. 17th!