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p <br /> . . �' <br /> Sorry it's taken me a while to respond, but in response to your email,the x's are where the <br /> encroachment sits. As I understand it the Hulberts' surveyor has staked out where the landscape <br /> construction will occur and the Standas can see it. <br /> From looking at the Standa torrens certificate,you can see that the Standas easement is the southerly <br /> 12 feet of Tract C. However, it is really up to the Standas and not the Hulberts to determine where their <br /> easement is over Tract C and use that area. All the Hulberts care about is that there is no easement over <br /> their property and they are asserting their rights to their entire property. They are not at all interested <br /> in monetary compensation. And in answer to your question as to whether more than blacktop is <br /> involved in this problem, as far as I know the answer is no, there are no other structures encroaching. <br /> Jim <br /> From: John H. Strothman [mailto jstrothmanCa�lindquist.com] <br /> Sent: Monday, October 08, 2012 3:09 PM <br /> To: Nelson, James <br /> Cc: Diana L. Davis <br /> Subject: RE: <br /> Jim, <br /> I will look at your diagrams further and have my client do so but from your X's I cannot really make out <br /> where the alleged encroachment sits and its size. Did the Hulberts' surveyor not locate the driveway <br /> problem on a survey. If the problem is real and the solution is to move the driveway it would appear <br /> everyone will need to know where the easement is and where the alleged encroachment lies. Is more <br /> than blacktop involved in this problem? <br /> After decades of use "as is" does your client really want to disrupt and relocate the driveway and yards <br /> of his two neighbors or would he settle for a monetary consideration for an easement over whatever <br /> land is presently part of an encroaching driveway. <br /> Jack <br /> From: Nelson, James [mailto:JNelson@Briqgs.com] <br /> Sent: Monday, October 08, 2012 1:22 PM <br /> To: John H. Strothman <br /> Cc: Jay Hulbert <br /> Subject: <br /> 1ack, <br /> Thanks for your call this afternoon. As promised, I am enclosing the following: <br /> 1. The portion of the 1993 survey(I already sent you a large copy)where I have "x'd"the area that <br /> is on the Hulbert's property but is the driveway being used by the Standas. <br /> 2. The boundary survey done by the Hulberts before they purchased the property. <br /> 3. The certificate of title to the Standas' property. Note the memorial for a driveway easement <br /> over a portion of Tract C of RLS 394. <br /> 4. A copy of RLS 394. <br /> Mr. Hulbert's landscaping plans involve new�andscaping in an area which includes the area I have "x'd" <br /> on item 1. The effect of this will be that the Standas will not be able to use the existing driveway to get <br /> z <br />