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It is possible to lose an easement afterwards
Aren’t easements specified in the property deed? Would the deed then have to be changed to lose an easement? Or a physical change in the property, or access, such as a flood making the location of the easement permanently impassible, or a landslide? On the Maui property in question there doesn’t appear there was any change in the roadway.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Aren’t easements specified in the property deed?
An easement which runs with the land and is recorded will appear on the deed of the property to which it applies.
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Here is one comment I found questioning whether an easement existed. It’s by one of the attackers who’s not a real estate expert, and may be more interested in offering some kind of rationalization for his otherwise inexplicable actions:
He thought Mr. Kunzelman was trespassing. They also didn’t think he had an easement. That was sort of the impetus to go over there. We’re still unclear whether there’s this valid easement or not.”
https://www.mauinews.com/news/local-news...-sentence/
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Sounds like Kai Kahele is his lawyer.
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That's not even a viable defense. One calls the police if one knows they are squatters, to report it and turn it over to the authorities. The perps had zero evidence to support their borderline perjury defense of the victim squatting. The victim presents himself very well in the video, he clearly does not look like someone down on his luck. The perps recorded words contained nothing about squatting, it was all classic hate crime beat up the haole vitriol.
I hope the victim sues and the judge awards the victim the land, home and driveway access of the perp.
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The victim should be trying to get our US government interested in this case. DOJ, Attorney General, etc. The level of incompetence and nincompoopery in this state is worrisome.
Jon in Keaau/HPP
Jon in Keaau/HPP
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quote:
Originally posted by HereOnThePrimalEdge
Also, this from a real estate listing:
Limited Service Listing. Sold As-Is... Home needs TLC to bring back to original glory. Please use caution when viewing. Buyer and buyer\'s agent to do own due dilligence as to condition, permits, inspections. Property offered \"As-Is\".
[B)] You think the place has sit vacant since the attack?
It's quite a remote location on Maui. The price must have been right for the Arizonan, except not really...
Man, those are some light sentences for such a violent crime. Prosecutors are deserving of some sort of punishment themselves.
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I'm surprised that a racist, serial thug who has beaten several people (one to the point of brain damage) would even understand the concept of an easement. Sounds like he was "Lawyer'ed Up".
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Better late than never. Guys who beat a man with a shovel finally charged with a hate crime:
A federal grand jury in Honolulu on Friday returned an indictment charging Kaulana Alo Kaonohi and Levi Aki Jr. for their “racially motivated attack” on a Caucasian man who was attempting to move into the defendants’ Native Hawaiian neighborhood of Kahakuloa, according to a DOJ release.
https://bigislandnow.com/2021/01/15/two-...ate-crime/
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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What's a "Native Hawaiian neighborhood"? A form of apartheid? Separate but equal? Like a "whites only" neighborhood in the deep south? /s
Some day people will learn to treat race the same as hair color. I hope.
