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Jimmy Jazz

Joined: 2/8/18 Posts: 1028
Likes: 912

My recommendation.

1. Don't do deals (property, business, etc.) by handshake or verbal agreement. All that ever causes is problems. The days where people and businesses honored those are long past.

2. You struck a crappy deal, Senor Mexico. You should be getting free internet as long as they are using your road. That costs them absolutely zero dollars, as there are no incremental costs for them to provide you with your internet service.

3. You don't need a lawyer to draft a letter, unless you are uncomfortable or unable to do so. I assume that you have the guy's business card. Write him a letter indicating that, after further consideration, you need to put your conversation (DO NOT call or refer to it as an "agreement") in the form of a lease or recorded easement. Inform him that you are restricting access to your road until that process is completed and the documents are executed/recorded.

4. Tell him to provide a proposed lease or easement for your consideration. At a minimum, it should spell out the frequency of access, the timing of the access, their obligations to repair all damages, their indemnification of you for any damages resulting from their use of the road, the term of the agreement, and their compensation to you for the use of the road.

If you want to do this by easement, it needs to be revocable by you without showing cause. You should also establish a defined time period for the easement, so that it automatically terminates at the end of the term. This will avoid you having an encumbrance on your title without you being in full control of removing it should that be necessary or desired in the future.

Why should you pay a lawyer to do that for his benefit?

5. Once you have the lease or easement, have your attorney review it and provide comments back to the internet company.

6. If you don't do this and you allow the internet company to use your road without a legal agreement, there is the possibility (albeit slight) that they can claim a prescriptive easement across your property after X years of open and public use. (I believe that the required time period in VA for a prescriptive easement is 20 years of open and public use, but I don't practice there.) To prevent this without doing what I recommend above, you can simply send the company a letter every year stating that their use of your road is acknowledged by both parties as a mutually beneficial condition and by that acknowledgement, they forfeit any and all future claims to a prescriptive easement or prescriptive rights claim.

[Post edited by Jimmy Jazz at 01/10/2020 1:26PM]

(In response to this post by Ronald Mexico)

Posted: 01/10/2020 at 1:00PM


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Current Thread:
  As is his internet discount deal.** -- Sabre Rattler 01/10/2020 3:27PM
  My recommendation. -- Jimmy Jazz 01/10/2020 1:00PM
  #2 isn't quite right.... -- The Hook 01/10/2020 2:42PM
  Those are sunk costs. -- Jimmy Jazz 01/10/2020 2:47PM
  No they are not... -- The Hook 01/10/2020 2:54PM
  Fair enough. -- Jimmy Jazz 01/10/2020 3:19PM
  THIS. ** -- Bourbon Bowl 01/10/2020 1:09PM
  Please elaborate on the “memorialise” please. ** -- Ronald Mexico 01/10/2020 12:47PM
  Put it in writing ** -- Farming Hoo 01/12/2020 12:48PM
  UANAL? TMI. ** -- The Hook 01/10/2020 3:03PM
  Probably within the past 12 months or so. ** -- Ronald Mexico 01/10/2020 11:23AM
  Yeah, it would take longer than that for an easement to be created -- MaizeAndBlueWahoo 01/10/2020 11:31AM
  I think you are right to try to get something in writing -- s.mill hokie 01/10/2020 10:04AM

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