Help! I need legal advice re: easements

mdbarb · Sep 15, 2003

Yes I have briefly considered the benefits of having them deposed. It would have to look terrible for him to be deposing a 10 year old and I am pretty sure what would come out of their mouths would be negative to the plantiffs. (Although any decent lawyer (?) would word the question and confine the conversation to get just the answers he wants. He wouldnt be worth much if he couldn't control the dialogue with a ten year old.)
So on one hand it could be good to have them deposed. But ignoring what is good for the case and considering what is good for the kids I can't let this happen.
As much as we have attempted to keep the children out of this, they have seen the other attornys call me an A**hole, the attornys have told them they are going to grow up to be juvenile deliquents and that their mother should go to church more often. They are totally intimidated by these slimeballs. Depos and trials are nervewracking enuf on adults so I don't want to put my children through it even if it possibly could help our case.

Docsknotinn · Sep 15, 2003

I can completely understand and relate to that. Sadly theres probably not mutch choice other than to settle which is of course just what they are pressureing you to do. Not a very professional Barister the other fellow has. If he speaks directly to your minor children like that you might consider fileing a complaint with the state bar association for his behavior. I wish I could suggest this would do more good than just be a pain in his rear. Dave

Inspector507 · Sep 15, 2003

My opinion of why he wants the children deposed, is to see how you have talked about the neighbor "behind his back". Kids are truthful, for the most part, unless they're the ones in trouble /forums/images/graemlins/grin.gif

Jerry

Hambone · Oct 14, 2003

Any new words? Been following with great interest. Been a month.

Good luck!!

slowzuki · Oct 14, 2003

Just read the thread and wow.......wow. You have my sympathy and I congratulate you on maintaining the high road. By remaining reasonable I believe you will bring a more credible presence to the court and be a good role model for your children!

Ken

mdbarb · Oct 15, 2003

Well we tried to get the depo of the kids sqaushed but the court said they had to allow it, although they appointed a "referee" to assure he doesn't get nasty.
The court date is just a few weeks away so things should start happening.

Inspector507 · Oct 15, 2003

I just can't see where deposing the kids will solve anything. But I'm not a snake either.........err lawyer

mdbarb · Oct 27, 2003

Hey legal team TBN
A quick update:
They did depo the kids, but the judge required a "referee" during the depo.
Both girls broke into tears from the pressure but we got thru it fine. The younger one even got in a little zinger.
I'm very proud of both of them and they are a little stronger for it. I've got two very strong women growing up and I feel even more that they will be able to handle life very well. /forums/images/graemlins/wink.gif /forums/images/graemlins/smirk.gif /forums/images/graemlins/smile.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif
Last week we had a settlement conference - they wanted a 12' wide road. I couldn't agree untill I went home and saw the ramifications. Went home, checked it out, decided I could live with a little cut into the bank here a tree taken out there etc. The judge et al came to the site and we all walked it examining the 12' wide proposal THEN they say OH no we want 14' here and that tree has to go even if it is beyond the 12 feet etc. yada yada yada
Back to settlement conference today.
Starts out discussing the various fine points of our field trip and I am begining to think we might actually reach a compromise. They the pliantiff says Y'now I really prefered the alternate road. /forums/images/graemlins/confused.gif /forums/images/graemlins/confused.gif /forums/images/graemlins/confused.gif
They had the alternate road (and 2 alternatives) for weeks and havn't even dignified the work with a response, now they want it.
We hustle up various alternatives, solutions etc and by about 3pm hope for this totally different solution.
They meet in chambers then the judge comes out saying they are adamant that the grassy knoll (well unto my property) remain free and clear of ANYTHING (even though they have been parking on it for years)
So alll discussion, mediation or settlement is now finished and we are off to trial this Friday.
I shall keep you posted, although you never know if their lawyer is lurking...... /forums/images/graemlins/cool.gif

Docsknotinn · Oct 27, 2003

geeez. its unending. Glad to hear the kids did well. I guess in a deal like this you really have to look for the silver lineing. Hopefully the trial will put a end to it. Best wishes, Dave

Junkman · Oct 27, 2003

Just seen this post for the first time and have only read the last two postings....... I already know what you are going through without reading the previous 28 pages.... I went through a hassle with a neighbor 20 years ago and after we settled, the agreement called for neither of us to trespass on the others property. Now, 20 years later, they continue to trespass and all that I can do is go back to court and spend money to try to stop them... My philosophy is "I deal with reasonable people reasonably and unreasonable people, not at all". Just remember that after it is all over, that it still isn't over. I will read the thread from the beginning in the morning, but I think that I know where it is going already...