Help! I need legal advice re: easements

mdbarb · Oct 4, 2002

"Have you sold the movie rights yet? "

Well I know my neighbor has taken enough video of me going about my day on my property that there is enough for a full length film. Altough I would be the only one interested in watching it. and maybe my mother...

Speaking of video, their lawyer is requesting all video I have of the situation. They think I have alot as I had a "dummy" camera set on a tripod near my barn to "film" his speeding. The decoy actually worked as he drove slowly whenever I had it out.
The lawyer is going to be surprised to receive the only video I have which is him shouting at my eight year old daughter to tell her mom she should go to church more often!

dgood1 · Oct 4, 2002

Make sure that what you give them is a copy and not the original.

You might want to have your lawyer request all copies of their videos as a return guesture.

cstocks · Oct 4, 2002

I think that is a good idea, dgood1. Turn about is fair play. It would be interesting to see if they still want your one tape if they are being asked to turn over all of their numerous tapes.

TimSullivan · Oct 5, 2002

<font color=blue> Well I'm sure the neighbor is crazy but this comment was from the attorney and I have to assume he is crazy like a fox. </font color=blue>

I would bet that the attorney would like to bill for reviewing the hours of tape that he thinks you have. Even on fast forward that could be a nice bill.

If you do tell them the camera is a fake, be sure to get some real tape when your neighbor thinks he is off camera. Remember to date and sign the tapes when you take them out of the camera.

rozett · Oct 24, 2002

mdbarb,

Any updates siince the last posting (10/5)? I am anxiousl to hear how this is resolved.... /w3tcompact/icons/grin.gif

mdbarb · Oct 25, 2002

Nothing exciting. I went to their lawyers office too get copies of any photos, maps etc they had. They had basically nothing, I am even more encouraged that they don't have a case.
Our tree people brought a load of mulch from grindings and dumped it on our property probably 100 yards from their property and they propnptly called County flood control district saying I once again dumped "manure" near the waters edge. I got amessage from the county saying thats a no no and they noticed from a picture that I have a lawn mower and truck nera the waters edge and will have to move them more than fifty feet from the water! This would be amazing as many people have entire carports, etc. within 50 feet. He hasn't returned my calls yet.
Mediation is set for mid-November and deposition just after that.

mdbarb · Oct 29, 2002

Today's update:
We had to visit the court today as the Plantiff was attempting to get the speed limit raised and was complaining about my pile of "manure" on my property.
The judges preliminary ruling was that their attempt to change the speed limit was untimely, the complaint that my pile of manure was somehow breaking a rule without merit.
But there is some sort of rule about when I win an injunction, I am required to post a bond until the issue is resolved. The asked for a 25 thousand dollar bond for what I do not know.

The judge was in no mood for his nonsense today. Before he could even speak, she complained that the file is getting absurdly large on a neighbor complaint and all these little trivial issues should be settled in mediation not the court.
He then produced a baggy of my offending "manure" She was not amused by his stunt a called it inappropiate that he bring a bag of cow manure into the court. He rambled for a few moments then she cut him off saying all of that is in the papers he filed and basically told him to shut up. He actually attempted to kept talking to a point that obviously angered the judge and I felt she was going to unleash on him at any second. She then turned to my attorney who tried to explain that the bond was unreasonable as there is no monetary damages here and since the injunction was also curtailing my use of the "grassy knoll" then he should also be required to deposit a bond.
By this time she was in a mood to hear it and ruled as her preliminary ruling stated, which means I had to deposit a thousand dollars in an interest bearing account with the county, he still has to travel 7 mph on my property and the pile of manure is nothing more than cows**t. The best part was the verbal spanking their attorny got. It was almost worth the $1,000 but not really. I wish the plantiff would have attended the court to see it has I'm sure the attorney won't tell it like it was. Next step is mediation in a couple of weeks...

TimSullivan · Oct 31, 2002

Sounds good to me. The best friend in court is a judge that is unhappy with your neighbor and his lawyer.

How did they get the bag full of cowshit? They would not have trespassed would they?

mdbarb · Nov 4, 2002

Mediation is coming soon - Has anyone gone through this? What can I expect?

GarretV · Nov 4, 2002

I didn't go through mediation myself but my builder did with my weird neighbor. My neighbor claimed damage to his property during the process of our construction and wanted $1000. The mediation went something like this:
Mediator: Mr. Neighbor, what is the problem.
Neighbor: Well, the builder did this.
Builder: We fixed that.
Neighbor: Well, then he did that.
Builder: We fixed that too.
Mediator: So just what is the problem?
Mr. Neighbor then proceeds to then completely confuse the issue so much that neither my builder or the mediator could figure out what his complaint was. The verdict? The mediator gave Mr Neighbor $500. My builder obviously wasn't happy but also wasn't surprised as he told me before this all started that builders are always having problems with neighbors. My point is to expect to lose something in addition to what you have already put out. Justice is not just...