Help! I need legal advice re: easements

[JohnMiller3]

<font color=blue>...She came out looked everything over and will make a ruling vaery soon...</font color=blue>

I had a similar situation last Fall and expected a ruling shortly there after... /w3tcompact/icons/eyes.gif

...8 months later... she made the ruling.../w3tcompact/icons/blush.gif

 

[mdbarb]

This just in...
The judges decision (at least regarding the temporary restraining order, not the big picture) is an injunction against my neighbor that they must not exceed 7mph and they cannot cut any trees within the easement! /w3tcompact/icons/grin.gif /w3tcompact/icons/grin.gif /w3tcompact/icons/grin.gif /w3tcompact/icons/grin.gif
The only minus is she wants me to cleanup the "grassy knoll" area a little bit. Seems I've let that area slide a bit since they have been trying to claim it. Strange because that wasn't a part of the temp restraining order she was considering. But I guess she had to toss them a bone of some sort. No problem. I finally feel safe in my own back yard and don't have to be on guard for the sound of chain saws. Now if we can just get the mediation rescheduled and on to deciding who has what rights on this easement

 

[DUMBDOG]

Sounds like a lot of malarky for something that is already yours. You have my sympathy.

 

[Gary_in_Indiana]

<font color=blue>"(The judge) wants me to cleanup the "grassy knoll" area a little bit. Seems I've let that area slide a bit since they have been trying to claim it.</font color=blue>

I would look upon that as very good news in that it's highly unlikely the judge would order you to clean up an area which the judge is predisposed to award to someone else.

 

[patrickg]

"What the world needs now..." Lets see, we already have a surplus of horses behinds way in excess of the number of horses extant. How about more lawyers? Would that help? How about a few more truly wierd people who have crazy ideas about how to tell a land owner what to do on his place and when to do it or has plans to effectively "confiscate" your land use rights? Seems such a shame you have to go to court, wasting good time and money, over such a totally silly challenge to your rights of ownership. Irrespective of the final outcome, the judge has dignified this infantile strategy by not "READING THE A--HOLE THE RIOT ACT".

Go figure... I was on the best of terms with my lawyer and then for no discernable reason in the middle of wanting him to do some billable work for me, he quits taking my calls and does not return calls. Am I paranoid to think that my WONDERFUL NEIGHBOR that the lawyer was to write yet another letter to in preperation for suing the bast---, either scared my lawyer off through some intimidation or threat or slipped him some money to dump me? The sheriffs deputy who was going to go to the DA (his idea) and try to get some sort of action to clamp down on my nutso neighbor suddenly can't find the DA's office after a month of trying (both are in the same courthouse) but of course he wouldn't be intimidated by my neighbor like some of the other deputies...

Are we asking too much here? What is so unusual about just wanting to see a little even handed enforcement of the law and a little justice applied to an obvious scoflaw?

Patrick

 

[mdbarb]

Update of the legal circus:
Tuesday my attorney received a motion that basically wanted to shorten and modify the temporary injunction. They want to raise the imposed speed limit from 7 to 15 mph. Also they are complaining about a manure pile we have on our property.
Went to court this morning... The judge tossed it out, didn't even hear the case! Maybe she is realizing the ridiculous nature of their case. Of course this cost both of us lawyers time. Basically she denied his attempt to rush his motion thru in one day. She realized there is no urgency in his complaint and said to come back at a regularly scheduled time - in a few weeks. By then the pile of fertilizer will be gone as we are legitimately using it on various locations around the property.
Odd thing - the first thing in his motion notes that when the judge came out to visit the site: I came first, then the neighbor and attorney arrived, then the judge arrived then he states that no more than 15 seconds later my attorney arrived which to him looked highly suspicious, as if the judge and my attorney met beforehand. It seems to me this would not be the wisest thing to say about a judge as she is considering your motion. But as I type this I just thought - maybe he is trying to get a change in judges. I don't know how hard that is.

 

[dmccarty]

mdbarb,

I'm glad to hear that the judge appears to be leaning in your
favor.

"But as I type this I just thought - maybe he is trying to get a change in judges. I don't know how hard that is."

Unfortunately I think the simple and correct answer is that
your neighbor is just plain nuts. I had a neighbor like this and
I'm hoping he is finally gone from the state! /w3tcompact/icons/smile.gif I think
I'll find out for sure this weekend. Me thinks the guy is off
his rocker and can't think ahead......... Not a good thing....

Good Luck!
Dan

 

[mdbarb]

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.

 

[MossRoad]

I just read this entire thread. You are a wise and patient person. Good luck to you /w3tcompact/icons/smile.gif

 

[rmorgan]

Good morning, Doc. Sounds like maybe you're on the downhill side of this absurdity. I occasionally come up against lawyers whose motto appears to be--"if you don't have the law or the facts on your side, attack your opponent--and if that doesn't work, attack the judge." The result is always predictable and obvious, since judges are human. I'm always amazed and amused when someone resorts to claiming that they are losing for such reasons--although when everybody's scheduled to be in the same place at the same time, suggesting that because they arrived at the same time there is an unlawful relationship going on is IMHO beyond the pale. Much about your episode demonstrates the bad things than can happen when the wrong client meets the wrong lawyer.

Have you sold the movie rights yet?