Help! I need legal advice re: easements

[mdbarb]

Update:
Well we went to court.
They split the case - one trial in front of the judge for the easement issues then one for the emotional distress in front of a jury.
We went through the easement trial this week. After hearing the case, judge heard closing aurguments then immediately ruled from the bench:
The easement is not 20' in width but is limited to the existing road! The claims of adverse possession and prescriptive easement were tossed out! She ruled the RV must be moved off my property! (Although she did decide that the easement road continued to that location so no one can park there, it must be treated as a roadway even though it goes nowhere and the marsh is just beyond)
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She was also rather curt and negative in her comments to the oppossing side.
We are sooooo relieved. It has been a looong oppressive battle.

The other aspect - the emotional distress trial is set for February. I, of course, am hoping they realize after taking such a big hit in this trial that their already weak case has even less of a chance - but then they hav'n't acted logical yet.
I would guess they have spent about $200,000 so far and got nothing. I hope they come to their senses and not risk more attorney fees and perhaps our costs (which would add up to maybe $100,000) in hopes of big settlement. The judge did set another settlement conference before that trial with a pointed comment to them to consider their situation then prior to a trial.

This has been such a long, distracting, consuming process that I don't know how I will be able to stop thinking about it every day.

Immense thanks to the TBN community for advice and being my sounding board. I would have been even more vocal but I was slightly concerned about the ramifications if the enemy had stumbled across our thread before trial.
Thanks again for the support /forums/images/graemlins/wink.gif

 

[OkeeDon]

Congratulations! Although, in the minds of hundreds of TBN'ers, there was never a doubt.

If you really can't live without the distraction, then after the emotional case is settled would be a good time to start going after them for the environmental stuff... /forums/images/graemlins/grin.gif

 

[Junkman]

Congratulations on your successful outcome. As for thinking about it, it will be with you to the day you die and fortunately and unfortunately, it will also effect you in many other way that you have yet to realize. You will see your whole life in a different perspective now that it is over and with time, you will begin to understand how it effects your thought processes. I know because I have been there..... and I won also.......

 

[Golfgar4]

All Right! /forums/images/graemlins/grin.gif

Three cheers for the judicial system!! /forums/images/graemlins/laugh.gif /forums/images/graemlins/laugh.gif /forums/images/graemlins/laugh.gif Nice to know that it works sometimes.

My only concern is what are WE going to do now that we won't have the continuing saga to look forward. This thread has become almost like the old serial films we watched as kids. You'd see one episode on a Saturday, and they'd leave you hanging until the next Saturday!

Seriously, I'm glad you're seeing the end of the road. I can't even begin to imagine what it has been like for you and your family. Hopefully, they'll settle before you have to go through another trial.

Good luck! /forums/images/graemlins/smile.gif

 

[dmccarty]

mbarb,

OUTSTANDING news!

Is there any chance you will recover your expenses from these
people?

Its a sad state of affairs when a situation like this can drag on
for so long. It sure seems that the judge SHOULD be able to
stop this nonsense early in the process....

Later,
Dan

 

[JerryG]

Congratulations!! Like Gary referred to, It is as though it would never end. Well, I guess that this is the beginning of the end. Hopefully. I am sure that all of us that have followed this since the very first post about it wish you and your family further good luck in Section II in February.

 

[hazmat]

Fantastic News!

Hopefully the opposition will come to their senses & drop the emotional distress case. Are they paying that lawyer by the hour, or is it a % of the settlement deal?

We are still pulling for you & will be untill your neighbor sells the house.

 

[Docsknotinn]

Wow, Congrats. It sure is nice to know things work out the way they are supposed to every now and then. Were rooting for you on the final phase. Maybe you'll get real lucky and they will move. /forums/images/graemlins/grin.gif Are you useing your insurance attorney now ? If so, double hurray. Man, you dont actually get your moneys worth back out too many times and it sure is nice to hear that they are doing what they were paid for. Best wishes to keep up the winning streak. Dave

 

[TimSullivan]

Great news, the judge was the only one that could put an end to this situation. I hope your insurance company and lawyer can have their costs as an award.

 

[mdbarb]

I dunno but assume its hourly, either way it hurt.