Help! I need legal advice re: easements

Docsknotinn · Sep 11, 2003

Mike, no Bi Laws on my recreational property as the only deed restrictions are no cutting cedars for 10 years and a road maintenace agreement. I am sure once a majority of the 30k plus acres are sold there will be bi-laws drafted etc. You wont see me at one of "those" meetings. I made that mistake getting involved with my home owners association. Can you say " shoot your self in the foot ?" lol. Nope just send me a bill and leave me alone. As long as I can get in and out I dont give a rip..... tide /forums/images/graemlins/grin.gif I go there to get away from that non sense which is the main reason I bought another 80 this year. I got enough in the middle that no one can really bother me /forums/images/graemlins/grin.gif
Dave

mdbarb · Sep 11, 2003

Thanks to all who have written lately.
Well the lawyer has hit a new low that I didn't think even he was capable of.
He has served a subpeona (sp) for both court and deposition of my two daughters age 10 and 12!!!
I can't imagine what is going on in his mind. What does he possibly think he can get by grilling an 8 yr old.
Once he affects my kids he has gone to far.
I am so po'd that I can't finish this right now.

Spencer · Sep 11, 2003

That is totally inappropriate, I hope you can somehow get them out of it.

Best Wishes,
Spence

TimSullivan · Sep 12, 2003

Well the lawyer has hit a new low that I didn't think even he was capable of.
He has served a subpeona (sp) for both court and deposition of my two daughters age 10 and 12!!!
I can't imagine what is going on in his mind. What does he possibly think he can get by grilling an 8 yr old.
Once he affects my kids he has gone to far.


Time to have your lawyer file a motion to vacate it. In our area the judge would want to know why the child is involved and the neighbor's lawyer better have a good reason.

I would bet that all he is doing is looking for the exact reaction he got. My attorney son just laughed and said that the lawyer knows it is not going well and needs to go in a different direction. Some lawyers have a poor sense of appropriate behavior. Their billable hours cloud their judgment.

wroughtn_harv · Sep 12, 2003

One of my lawyer friends once pointed out to me that righteous indignation keeps them busier than anything else.

What I find most interesting about this epic is it conflicts with every interaction I've ever had with a lawyer. Restraint and consideration have always been their first reaction. They understand more than anyone else that win--win is more than a play on words.

dmccarty · Sep 12, 2003

mbarb,

Besides the lawyer padding his hours it sure seems like he has
lost wanting to depose to children. If it happens I would
make sure it was video taped.

It sure seems like this show who is being reasonable and
responsable. And it ain't the other side. That has to help
your case. I would make dang sure the mediator and the
judge know about this latest episode.

It would certainly would make me want to stop the mediation
since there is obviously no reasoning with these people.

I have so far, just barely avoided property disbutes with one
of my neighbors. The house that is on one of my lines has
supposedly sold so we are on the third owner in three years.
There have been issues with the previous two owners so we
shall see what happens with the third.

Good Luck!
Dan

Currmudgeon · Sep 12, 2003

( Time to have your lawyer file a motion to vacate it. In our area the judge would want to know why the child is involved and the neighbor's lawyer better have a good reason. )

Any good judge would want to know the probative value of grilling children. You should be able to get that one laughed out of court, but it will take one more court appearance and one more motion by your lawyer. /forums/images/graemlins/mad.gif If they must be deposed, then your lawyer will need to attend the depositions, as well.

I think it's time to pull out all the stops and do everything in your power to legally harass these people. Do nothing and allow nothing that you are not legally obligated to allow. Make them fight for every inch and every scrap. File some additional nuisance lawsuits to tie them up.

I'd put in a security video system, and file suits and criminal charges for tresspass, for every little incursion.

Maybe its me, but if someone wants a war ... <fixing bayonet> /forums/images/graemlins/crazy.gif

alco141 · Sep 12, 2003

i have had two since 1990. and i like them a lot, ride well, good payload, and fit in my garage. what more could you want?

alex

chrisjbell · Sep 13, 2003

Besides the lawyer padding his hours it sure seems like he has
lost wanting to depose to children. If it happens I would
make sure it was video taped. 

I'd suggest two things. First, you can file a motion and they'll almost certainly not allow the kids to be deposed. Children do not make good witnesses.

By the way, you can not only insist on having it videotaped but since they are minor children you can insist on being present (if it happens). You are their legal guardian.

Another thing you might try, though, especially with the older one is to beat the other guy at his own game. Let him depose the very well prepared kid(s), videotape it, but have the kids explain about how mean the neighbors are and how scared of them they are (this doesn't sound far from the truth).

No case is going to be helped when people are being abusive towards children. And as far as any inappropriate questions being asked, simply have your lawyer object to them and not permit the kid(s) to answer.

This was a terribibly offensive tactic on the other party's part (and the lawyer for going ahead with it). So you should either squash it and keep the kids out of it or make sure that you demonstrate how nasty and vindictive these people are.

Man, I can only guess how upsetting this must be for you. Hang in there, mdbarb - I'm pulling for you, too...Chris

Docsknotinn · Sep 14, 2003

I have a slightly different view on deposeing the kids. Most likely they are witnesses open for deposeing. Their testemony is often thought of as unbiased or more reliable so that could well be to your benefit. I understand any parent would want to protect their children but they are likely very immersed in this as well. Its not all doom and gloom as this could work out VERY well for you. Your attorney will be presant as well as you if you have minor children so the other fellow wont get away with any unpleasantries. Dave