The following is understood to be the root cause of current malicious obstruction of easement: Mr. Warren is upset that I am engaged in litigation (36CV-24-165) against his wife’s best friends sister, to whom I’d previously rented my home (at rock bottom rate) as a courtesy to the Warrens, and an attempt to be a positive contributor to the local community. This kindness was repaid with significant damage to my home and forced litigation to regain possession of my property, while the Warren family has continually attempted to shield the Matyjasiks from lawful responsibility for their actions. Mr. Warren is demanding unrestricted access to my property ‘or he will make my life difficult’.
The bridge:
Video of water flowing smoothly after my bridge was hand built. This video was taken shortly after heavy rains. Note high water levels *after* the bridge
Video of water blocked up *after* Randy plowed down my bridge. There were no heavy rains at this time. Note low water level downstream of dam.
As I do NOT drive and get around by foot, crossing the creek without a bridge (especially during the cold of winter) is a significant health and safety risk. At this time my safe passage along the easement remains impossible.
BACKGROUND:
Since shortly after the purchase of my home, Randy Warren has weaponized allowing safe passage along my driveway. Whenever he, his family, guests or tenants want something from me that I’m not willing to provide he ‘conveniently’ decides that my bridge is blocking water flow. He then proceeds to knock down my bridge, leaving the rocks from which it was created blocking the very water flow he claims to be concerned with. Verbally and via text message, he frequently emphasizes having “Mr. Hargis’ permission” to do this. Until I rebuild the bridge (which actually improves water flow), he then no longer has issues with the water levels in the creek. As soon as I have safe passage, the alleged dam is once again an issue which he remedies via destruction.
Currently he is demanding unrestricted access to my property for him and his guests, which I will not grant… it would be foolish to allow individuals who’ve been clear they aren’t concerned with my interests such access! When I’ve allowed passage in the past, the Warren’s have made zero attempt to address ruts and other damages created through their usage. They have ignored verbal and written demands to remain off my land, necessitating not only gates, but fences to prevent their continued trespassing.
Of note: the bridge does NOT in any way interfere with vehicular access
I still won’t allow him access to my land, so natural water rise from heavy rains is twisted into an excuse to put me in harms way…
Again, Mr. Warren cites servient estate owners *permission* to effectively interfere with my lawful easement.
(I’ve no doubt the preponderance of evidence will demonstrate Mr. Warren did in fact destroy my bridge)
Knowing he has successfully restricted my use of my lawful easement, Mr. Warren continues to taunt me that he’s thus far gotten away with it.
CONCLUSION:
Mr. Warren has made it clear that with continued permission to access servient estate, he will continue to impede my ability to use my lawful easement without explicit court intervention. It is my hope that said permission will be permanently revoked so that my ingress and egress is no longer obstructed. I would much prefer the courts intervention not be necessary to achieve that end.