Neighbor sues supervisor candidate over property dispute

May 26, 2016
Eric Michielssen

Eric Michielssen

By KAREN VELIE

Eric Michielssen’s neighbor has filed a lawsuit against him, claiming that Michielssen has repeatedly trespassed and disrespected his property rights. Michielssen is currently challenging San Luis Obispo County Supervisor Debbie Arnold for the District 5 seat.

For the second time in less than 10 years, one of Michielssen’s neighbors has accused him and his family of repeatedly trespassing on private property. In addition, the lawsuit alleges Michielssen has interfered with his neighbor John Philbrick’s use of an easement used to access a hay farming operation.

For almost a century, Philbrick’s family has used an easement through a property on Parkhill Road in rural Santa Margarita, according to the lawsuit filed on May 26 by Santa Margarita based attorney Sophia Treder. In 2009, Michielssen, allegedly aware of the easement, purchased the Parkhill Road property.

In a 1923 deed, a “scrivener’s error” places the easement about 65 feet away from the driveway the Philbrick family graded decades ago. Nevertheless, a parcel map filed in 1982 corrects the previous error, according to the lawsuit.

In his claim, Philbrick says Michielssen did not contest the easement until Philbrick caught residents of Michiellssen’s family trespassing repeatedly on his property. Michielssen then asked Philbrick if his family could ride their horses on Philbricks’s land, according to the lawsuit. Philbrick denied Michielssen’s request to access his property.

Shortly afterwards, Michielssen began blocking Philbrick’s access to his easement, the lawsuit says.

Philbrick then hired a licensed surveyor who sent Michielssen a letter in Sept. 2015 saying “that the easement does exist.”

Last month, Philbrick asked Michielssen to stop blocking his easement so that he could move farming equipment up the driveway during hay season, according to an email.

On May 6, Michielssen responded to Philbrick in an email contesting the existence of Philbrick’s alleged easement, according to the email.

Before moving to rural Santa Margarita, Michielssen owned a farm in Los Osos. In 2007, Michael Morosin, a Los Osos neighbor of Michielssen’s, sued him over an issue with an easement and for repeatedly trespassing on Morosin’s property, according to the suit.

In his lawsuit, Morosin accuses Michielssen of housing farmworkers in several unpermitted structures, running an unpermitted horse boarding operation and inviting or permitting dozens of his workers and customers to trespass on Morosin’s property.

“Defendants have invited or permitted their many equestrian invitees to trespass, on horseback, onto plaintiff’s property in order to access trails and views on both plaintiff’s property and neighboring properties, subjecting plaintiff to both constant trespass and the physical damage caused by plaintiff’s trespassing horses and their riders,” according to Morosin’s 2007 suit against Michielssen.

In that case, Michielssen quickly sold the Los Osos property and the issues with trespassing stopped, Morosin said.

Michielssen did not return requests for comment.

Philbrick is seeking a quiet title ruling on the easement, a judgement barring Michielssen and his family from trespassing on Philbrick’s property, attorney’s fees, court costs and further relief, according to the May 26 lawsuit.

 

Case16cvpo133 by CalCoastNews


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65buick

It’s the way of world! ‘Ah it won’t matter if I do it’


Sounding familiar these days!


Whyaduck

Sophie Treder is a hack. She represented the Quarry during that crazy process so it’s no surprise this lawsuit is filed by her, now. She also underpaid a friend of mine that did work for her.


Margarita is too small a town to be a jerk.


Mata Hari

That’s right, when all else fails, attack the messenger….


RealityBytes

Why Mich couldn’t find property void of questionable discrepancy I just cannot comprehend.


Mich appears to enjoy the pleasures of being in the position to instigate others and must never be elected to be put into a public position dedicated to serving others; BOS or otherwise.


Instigator (Merriam): “a person who stirs up public feelings especially of discontent “


slojustice

Eric sounds like your typical democrat. He Has no problem using other people’s money or property. The Philbricks are not the only neighbors who have issues with his total disregard of other people’s property lines.


mkaney

Taking other people’s money, leaves them without that money. As long as you are conscientious, traversing someone else’s land, does not leave them without that land.


just4fun

Thomas A: I am not defending Michielsson, in any way. I don’t know where “here” is that he left. I don’t know if the lawsuit will go away, and it may be warranted. My point is that there are some obvious facts that point to politics: timing of filing, Treder as a lawyer (Debbie’s neighbor and friend) the fact that CCN posted this article the very day the lawsuit was filed, and so on. I have little doubt that if the roles were reversed the same very possibly could have happened.


I am not picking a horse in the race, only surveying track. The reality is that because the track conditions suck nobody can get a good horse to run… that is a shame and in the end we all lose.


ThomasAquinas

Just, here is Los Osos. Been here 25 years, seen a lot. I don’t have a horse in the race, don’t live up the hill. But we don’t get many good candidates because of the “fingers in the pie”. MIchiellson, running for office, I felt should have been on good behavior, doesn’t look the spots on the horse have changed. I only comment on CCN on issues about bad government. Our “other” local news outlets are horrible. Everything needs to come forward and be transparent. That’s where you and I come in, educate ourselves, be vigilante and stand for something…

Drafted in ’71 awoke me, been watching ever since….


Again, please remember what Memorial Day is


AmericaBeautiful

Thank you for serving our country, TA, and for being vigilant.


just4fun

I don’t know or care who is correct here, but the timing seems a bit…convenient? It makes for a great character assassination piece filed by a very close attorney friend of Candidate Arnold. And, conveniently there will be no court answer before election day…

Its too bad local politics has fallen to this level. This may be why we get the caliber of candidates that we are stuck with choosing from, in any of the Supervisor races and above.


ThomasAquinas

How is this “bad ” politics? Not everything is political, bad behavior is a constant. So after the election, do you really think this lawsuit will just disappear? He left here, because of “bad” behavior, do property rules mean anything? Let’s not forget the other “bad” behavioral issues, sub-standard housing, the horse boarding without permits and trespassing. Logic would lead us to realize the constant here is “bad” behavior…..it’s not political, just bad!!!!


smile4thecamera

Well now I kinda feel like voting for Michelssen because of a) the timing of this lawsuit, and b) the fact that the attorney is a friend of Arnold’s. As you say, no court answer before election day.


ThomasAquinas

Smile, your the pupil that could make a critical thinker professor just cringe. Hate to do this, but a) the timing was impeccable. When the most people are paying attention is the BEST time to bring issues forward. Who would care about Michellson’s “bad” behavior back in November, before he announced? Secondly, I would also hire a local attorney, an attorney I was completely familiar with and an attorney that had my best interests at heart.

Again, I can’t thank you enough to learn who is voting, poorly informed, disingenuous, easily misled, short sighted, wait a minute. Are you Ochs, Fulks, Gibson, Hill, Bianchi and your just pulling my leg? Shucks, you had me going for it. Figured it out just in the knick of time, you wascally wabbit. Elmer Fudd’s got nuttin’ on you…..


smile4thecamera

Haha, gotcha ThomasA.


mkaney

OK so I read the whole complaint and the Philbricks seem like complete jerks. They feel that their neighbors should seek permission to hike undeveloped land to see the sunset? They inherited the land and seem to have no appreciation for what life has given them, nor the fact that it was GIVEN to them.


Perspicacious

While at first glance, it might seem that you have a point, he had the same issue with neighbors in Los Osos. Fool me once…


Citizen

Of course neighbors should seek permission to hike someone else’s undeveloped land. It’s the law. Besides, if someone gets hurt on your property, they can sue you for having an unsafe hazard that you haven’t corrected. Then, there’s the problem of possible damage to your property.


racket

Kaney: Nice of you to be so accommodating, with someone else’s property.


diana68

Yes, mkaney, people are legally required to seek permission to enter onto private property. The fact that it is undeveloped private property does not entitle you or anyone else to trespass. Say for instance you live in San Luis Obispo, and you have a fantastic view of Bishop’s Peak from your backyard. Does that mean the public should have access to it? It is just as invasive for someone to trespass on a large piece of private property as it would be for someone to trespass in your front yard or back yard.


I grew up on a ranch in See Canyon and I know first hand how offensive it is for people to be on your property that do not belong there. Trespassers could very well be a threat to my personal safety, how do I know what their intention is? Again, imagine finding a stranger in your backyard. The feeling is no different.


They often cause damage, injuring, and sometimes causing the death of livestock. Dirt bikers frighten livestock, and they sometimes will run into a creek. Unable to climb out they die there. They can also break a leg running out of fear. Trespassers also leave gates open, letting neighbor’s cattle out. People spend hours upon hours rounding them up and getting them back where they belong. And then there is the litter….


Sorry, but you come across as completely ignorant here.


mkaney

I believe I recognized the legal rights here, and I made a distinction between legal right and moral right. I would call that a difference of opinion but I wouldn’t call it ignorance.


But you would.. and that makes, because you have a very disturbing attitude about other humans.


What is WRONG with you people?! If people actually cause damage, then hold them accountable. It doesn’t give you any moral standing to be so ridiculously selfish. Legal right maybe, but not moral.


just the facts

Hey mkaney! Who’s paying the property taxes on the land? Let me guess! It’s the Philbricks. And let me also guess that Michielssen would be the first to sue if he or his horse was injured in any way on the Philbrick’s property.


Michielssen is a typical progressive Democrat that does not believe in private property rights. Guess you don’t either!


r0y

Some people work hard their whole life for their inheritance…


mkaney

Oh people are just selfish and ridiculous. Property rights are important, and you have the RIGHT to forbid people, but legal right and moral standing are two very different things. If you seriously can’t let your neighbor ride their horse on your land you’re just a tool. But if in response you play a childish tit for tat and prevent access to your land (esp an easement they’ve used a long time) you’re probably an even bigger tool. Unfortunately, the bigger the tool, the more real property they seem to be able to accumulate.


diana68

Clearly you have never lived on and owned a larger piece of property. You simply don’t get it.

You don’t know what you’re talking about.


ThomasAquinas

Now I remember this fella, lived here for awhile, and know half dozen folks on Paradise RD., and Clark Valley RD. MIchiellson was not appreciated in the neighborhood, overbearing and not understanding property law. Having individuals living in shacks, is such a conservative belief. Oh wait, he is a Democrat. My how much we forget……


ThomasAquinas

Just had a strange thought. Do you think Bruce Gibson is assisting in MIchiellson’s campaign? Or Adam Hill? Gotta be Fulks and Ochs, where do these candidates get such great advice???


IronHub

Shortly after he announced his candidacy, Michielssen was not reluctant to boast that he had been asked to run by Hill and Gibson personally. It took him about two weeks to change his tune, but he sure did.


ThomasAquinas

This how SLO county has “bad” resprentation. Bianchi, Gibson, Hill, Fulks, Ochs, Wright, Ochinski, it’s a list that keeps on giving. We can now add MIchiellson.


On a different note, Monday we remember the men and women who paid our debt for us. As a veteran, these people would appreciate if we can keep them in our hearts…..


tami213

says the guy with a bernie sign at his house


ThomasAquinas

Ya gotta luv Bernie, giving olé Hillary a run for her money….


womanwhohasbeenthere

Isn’t this the same guy who kept ripping down candidate Dan Dow’s campaign signs? I wondered if he had been arrested or tried here, or perhaps elsewhere, and had a grudge against the DA or law enforcement in general.