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Language of easement allows parking

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The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.

In Dennis and Jeremy Cochran v. Zeroffos Hoffman and John Dye, 15A01-1109-SC-00015, Zeroffos Hoffman and John Dye filed a claim against Dennis and Jeremy Cochran in small claims court over use of an easement. The easement allowed for the Cochrans to access their home through the Hoffman property.

In February 2011, Dye, who lives on the Hoffman property, had the Cochrans’ car towed because it was partially parked on the Hoffman property and partially parked on the easement. The Cochrans countersued for damages for conversion as a result of the car being towed. The small claims judge ruled in favor of Dye and Hoffman.

The appellate judges reviewed the language of the easement, which dates back to 1896, and found it grants the right of way for “all purposes of travel,” creating a general easement.

They reversed the trial court on the finding that parking is prohibited, but the court upheld the denial of damages to the Cochrans. There was no evidence that the car was parked completely on the easement when it was towed.

 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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