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Daniel James Doyle

Daniel Doyle’s Answers

2 total

  • Seller is going to get access easement across property I want to buy for cell tower. What are fair details of an easement?

    Seller purchased two parcels. One has a house, one has a cell tower. Seller wants to keep parcel with cell tower, but sell parcel with house. There is one road up the mountain to both. The road is on the parcel I want to buy along with the house. ...

    Daniel’s Answer

    Maintenance of the easement area would be paramount, in my opinion.

    Another key phrase that should be included in there are that any obligations of the Seller (owner of the cell phone property) under the easement should also be binding on Seller's heirs, successors and assigns. The foregoing is usually coupled with the phrase "[the terms of the easement] run with the land."

    You may want to consider some limitations as to who can use the easement and/or for what purpose. Maybe it is specifically limited to maintenance of the easement and/or the cell tower. I doubt that this will be acceptable to seller, but those are examples of things to consider. Another consideration would be a limitation to pedestrian use, prohibiting vehicular access. This will depend on the length of the easement and the nature of the parcels.

    You may want to have a "self-help" provision in the easement relating to maintenance or other obligations of the seller. Effectively, if the seller isn't fulfilling its obligations, then you can take reasonable steps to remedy these issues and, if the document allows for it, assess the costs onto seller. Along with this, you will want general default provisions.

    Indemnification will likely be appropriate in this case.

    A "No Dedication" clause is probably appropriate. Meaning the easement will not be deemed a gift, grant or dedication of any portion of the land to the general public or for any public purpose whatsoever. Further stating that the intention of the owners that the easement will be strictly limited to the private use of tsuch owners and their respective permittees.

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  • Any advantages to pleading 'not guilty' to charges of writing 3 bad checks, all for less than $40? One check wasn't even signed.

    My brother (who suffered a Traumatic Brain Injury) was recently served a warrant for 3 bad checks he wrote in August of 2014. One of the checks was cashed by the business, but my brother had not signed the check. How can the business have cashed...

    Daniel’s Answer

    Generally speaking, it is a best practice to plead not guilty initially. This allows you and/or your attorney time to communicate with the State's Attorney about your case and also allows you or your attorney sufficient time to review all of the evidence in the possession of the State's Attorney.

    There is very little chance that any of the counts will be thrown out based simply on a plea of not guilty. However, once your plea is in, you can then have your attorney communicate with the State's Attorney about the specific details of the case. This may allow for the parties to negotiate if this happens to be a case that the State's Attorney does not want to take to trial.

    You and/or your brother should hire a lawyer to assist.

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