Help! I need legal advice re: easements
- Thread starter mdbarb
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MarkV
Super Member
- Joined
- Apr 7, 2000
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- 5,636
- Location
- Cedartown, Ga and N. Ga mountains
- Tractor
- 1998 Kubota B21, 2005 Kubota L39
Mdbarb,
Given what their lawyer said to you and particularly to the children I would be incline to issue a complaint with the California Bar. Years ago a lawyer told me I did a great job for him but he would not pay for the work done. His logic was that all I could do was sue him and that would cost me more than the bill because he intended to make sure it took a great deal of time in the court system. He just looked me straight in the eye and told me this like he does it all the time. I couldn’t believe it. Well that did not sit to well with me so I had my lawyer write the Georgia Bar and file a suit in the court system. Seems that when the Bar contacted this lawyer about allegations of unethical practices and an investigation of his license he change his mind real quick and we never went to court. I even charged him interest for late payment just because he got me going.
I don’t know if it would help in your situation but I don’t see where it could hurt. To scare little kids is crossing the line and worth bringing to the attention of those governing ethics at the California Bar.
MarkV
Given what their lawyer said to you and particularly to the children I would be incline to issue a complaint with the California Bar. Years ago a lawyer told me I did a great job for him but he would not pay for the work done. His logic was that all I could do was sue him and that would cost me more than the bill because he intended to make sure it took a great deal of time in the court system. He just looked me straight in the eye and told me this like he does it all the time. I couldn’t believe it. Well that did not sit to well with me so I had my lawyer write the Georgia Bar and file a suit in the court system. Seems that when the Bar contacted this lawyer about allegations of unethical practices and an investigation of his license he change his mind real quick and we never went to court. I even charged him interest for late payment just because he got me going.
I don’t know if it would help in your situation but I don’t see where it could hurt. To scare little kids is crossing the line and worth bringing to the attention of those governing ethics at the California Bar.
MarkV
mwechtal
Silver Member
Markv,
It's interesting that you bring this up. My uncle used to run a lawnmower / rider / lawn tractor sales and repair business. He was very ethical about his business, even to the point of trying to talk customers into a less expensive model. (Yes, he wouldn't have been much of a used car salesman!) At any rate, he always said that he only worried about getting paid by doctors and lawyers. Of course, there were notable exceptions, but most of his delinquent bills were owed by doctors and lawyers who felt that there was nothing he could do about it. They were basically right. At that point he didn't trust lawyers, so he would not have thought of going to one for help. So, you can see that this is not an unusual practice for a certain class of lawyer. From what his son (who now runs the business) says, the practice is getting a bit more unusual, but still exists.
Mike
It's interesting that you bring this up. My uncle used to run a lawnmower / rider / lawn tractor sales and repair business. He was very ethical about his business, even to the point of trying to talk customers into a less expensive model. (Yes, he wouldn't have been much of a used car salesman!) At any rate, he always said that he only worried about getting paid by doctors and lawyers. Of course, there were notable exceptions, but most of his delinquent bills were owed by doctors and lawyers who felt that there was nothing he could do about it. They were basically right. At that point he didn't trust lawyers, so he would not have thought of going to one for help. So, you can see that this is not an unusual practice for a certain class of lawyer. From what his son (who now runs the business) says, the practice is getting a bit more unusual, but still exists.
Mike
fenneran
Silver Member
Hey mdbarb. Any news since last month? I know you got postponed and was wondering if the mediation and disposition has happened yet?
Frank
Frank
jph_in_Bama
Member
Well, we are waiting for the update? This is like a mini movie!!
Maybe I can start getting subscriptions to the story to help defray my legal costs!
In this weeks chapter the scene opens in the mediator's office...
We all sit around a table - them, their lawyer, me, my lawyer and the mediator - I figure about $800 an hour sitting around the table.
Their lawyer starts off saying how serious their "damages" are and bad the penalties are going to be for me. My lawyer puffs about how their attempt to get damages is one of the hardest to prove and the whole thing could cost $100,000 and my homeowners will be covering my share.
The mediator says" well let's go into seperate rooms since no one is going to buy the other one out or anything."
I said "OK I'll buy you out. We throw a dart at the phonebook to get two appraisers and take the average. Problem solved."
Everybody huffedand puffed a little bit but no one said yes or no. So I said I'll put in a new road just for them from above my property to a point at the property line near their house. They said how much will that cost. I said I'll pay for the entire cost right up to their property line and get the permit. I don't care what they do on their side of the line - build a new garage or nothing. They sputtered about that - questioning little construction details - not addressing the big issues.
We retired to seperate rooms - with the mediator going back and forth. They said well they will buy me out (I doubt the sincerity) then they offered to buy the disputed area for $6K.
Four hours later , its 5pm, they are tired and we have made no progress. We all meet in the conference room together and the mediator gives a little speech saying well we have made good progress, any questions?
Well - my attorney is still chuckling at my "blunt reply"
I made it clear that I saw absolutely no progress, that this was the biggest waste of time and money I have been conned into that I can remember.
Tune in next time for the riveting chapter "status conference with the judgw and Deposition with the enemy"
In this weeks chapter the scene opens in the mediator's office...
We all sit around a table - them, their lawyer, me, my lawyer and the mediator - I figure about $800 an hour sitting around the table.
Their lawyer starts off saying how serious their "damages" are and bad the penalties are going to be for me. My lawyer puffs about how their attempt to get damages is one of the hardest to prove and the whole thing could cost $100,000 and my homeowners will be covering my share.
The mediator says" well let's go into seperate rooms since no one is going to buy the other one out or anything."
I said "OK I'll buy you out. We throw a dart at the phonebook to get two appraisers and take the average. Problem solved."
Everybody huffedand puffed a little bit but no one said yes or no. So I said I'll put in a new road just for them from above my property to a point at the property line near their house. They said how much will that cost. I said I'll pay for the entire cost right up to their property line and get the permit. I don't care what they do on their side of the line - build a new garage or nothing. They sputtered about that - questioning little construction details - not addressing the big issues.
We retired to seperate rooms - with the mediator going back and forth. They said well they will buy me out (I doubt the sincerity) then they offered to buy the disputed area for $6K.
Four hours later , its 5pm, they are tired and we have made no progress. We all meet in the conference room together and the mediator gives a little speech saying well we have made good progress, any questions?
Well - my attorney is still chuckling at my "blunt reply"
I made it clear that I saw absolutely no progress, that this was the biggest waste of time and money I have been conned into that I can remember.
Tune in next time for the riveting chapter "status conference with the judgw and Deposition with the enemy"
bgott
Veteran Member
It sounds like they figure they're going to make a few bucks off of you. I'd let them make a few bucks and then start a hog farm or rent your property to the nastiest outlaw motorcycle club around for a clubhouse. Of course, when they finally wanted to sell out their property wouldn't be worth a whole lot, being next to a public nuisance and all. 
Anonymous Poster
Epic Contributor
- Joined
- Sep 27, 2005
- Messages
- 29,678
We've been through this before ourselves. $10K(our portion) to fight over a $500 piece of dirt.....still lost....still think we were right. Just remember that the attorneys, mediators and judges have nothing to gain by actually solving your problem. Perpetuating it is job security and makes those BMW payments so much easier.
Looking back, it would've been much smarter dollar-wise and stress-wise to simply walk away, and our situation was much more simple and clear-cut than yours.
Looking back, it would've been much smarter dollar-wise and stress-wise to simply walk away, and our situation was much more simple and clear-cut than yours.
Haz
Silver Member
Just wanted to thank you for posting this whole discussion. I owned a larger rectangular parcel with a smaller 2 acre parcel cut out of it and a common road with an easement. The smaller 2 acre parcel just came up for bankruptcy sale and I was undecided whether to buy it or not. After reading your discussion, I decided to buy the smaller parcel just to avoid these kinds of problems down the road. I hope yours works out well in the end and doesn't cost you too much.
Haz
Haz