Help! I need legal advice re: easements

[mdbarb]

Thanks for the kind words. Even though this has taken about two years so far, I don't think my patience was really close to the breaking point. Although the subpenea (?) to depose my kids was quite infuriating, after I cooled down I realized it showed how desperate they were and how low they would go so I gained some comfort feeling "above that" and I feel the kids actually came out of the depos a little stronger. I was glad to see the little zinger my youngest got in also.
Several of the comments the judge made in her ruling showed she realized the absurdity of their aurgument. It sure feels good to have my feelings finally reinforced after alot! of defending.

I havn't had contact with the neighbors since the verdict, but I suspect the trial will continue as even on the way home from the trial they drive way off the shoulder on one side then the other in a feeble attempt , I guess, to establish more of an "existing road".
Just guessing but I'll bet their lawyer put some serious spin on the judgement and they may feel it is a minor temporary setback.
But now I got the LAW on my side! /forums/images/graemlins/wink.gif

Late breaking news: I talked with the Corps of Engineers today and the Fish and Game has determined that my ponds may in fact be saltwater so they need to do a formal review. The downside is now I'll have the Federal Government closely examining my property /forums/images/graemlins/tongue.gifbut the upside is they are leaning towards what I have been saying all along - my ponds are tidal saltwater marshes and the flapgate never existed prior to the neighbors interference. This was one of the other battlefronts and it is sooo good to see the feds finally leaning my way. It propbably be about the time of the phase two trial when they make a decision so it could be a triple wammy by February.

 

[chrisjbell]

Congratulations on your win. It will probably be a bit tough to have your neighbors around still, as I'm sure they think you pulled something on them, but they seem to have demonstrated that they are not playing with a full deck. Glad that worked out for you /forums/images/graemlins/grin.gif and hope they aren't too much trouble...Chris

 

[mdbarb]

Todays developements:
I guess the tradition is the winning attorney writes the "statement of decision" We wrote it, but the losing attorney also wrote one saying exactly the opposite of what the judge said!
Anyway we mailed it in and the judge immediately marked it up with a few minor edits but rather adament in her wording that they are waaaay wrong. The only thing I didn't like was where she changed some wording to say "approximately" ten feet in width. I would much rather have a statement with no possiblity of any misinterpretation. Everyone thinks I'm being too picky. /forums/images/graemlins/tongue.gif
And we still have the emotinal distress trial in January.
But at least the easement is now the law!

 

[TimSullivan]

The ten feet is approximate to probably keep people from fighting over an inch here and an inch there. Reasonable people would not have a problem with that but I understand your history dealing with your neighbor.

My lawyer son said the approximately ten feet would mean very close to ten feet not eleven and not nine. Then again the Judge would have to determine what they really said.

 

[mdbarb]

Actually it seems to me that "approximate" would increase the chance of people arguing over an inch here or there while "ten feet" is irrefuteable (sp?). A surveyor can mark ten feet and thats it but he can't mark "approxiamately"

It's all a matter of scale. Bill Gates has a different opinion of "approximately" alot of money than I do.

Anyway I think I am going to have a surveyor locate the centerline and then just mark an ELEVEN foot width and be done with it.

Of course the appeal and emotional distress cases are looming and it appears these people would like to take everything all the way to the supremem court if they could. I don't think they will relent on anything.

 

[TimSullivan]

<font color="green"> Anyway I think I am going to have a surveyor locate the centerline and then just mark an ELEVEN foot width and be done with it.
</font>

Sounds like a good plan.

If I understand emotional distress correctly you have to show that some one else is responsible first. Just because they are impossible to deal with does not make you responsible for their emotional distress.

 

[Junkman]

If you have a surveyor do the center line, have him put in some hidden control pins so the center line can be relocated it the pins suddenly disappear. I am going through this now with a common boundary with a neighbor. The pins have vanished sometime between this summer and November. They were in place since 1986 and miraculously disappeared since I asked them to stop trespassing on my property. We are headed back into court, and I have just learned that I have to prove all over again, that the land in question is truly mine and have the surveyor put the pins back. Take nothing for granted just because you have a court order. My boundary line was established after a long and protracted legal battle, and it is starting all over again, as if it never happened the first time. If possible, have some side marker pins installed in concrete filled holes that you have dug along side of the edge of the driveway. You will have to do this under the direction of the surveyor to make it legal. You cannot do it after he leaves.. It is harder to remove a pin that is set in concrete. Just because you think that it is now over, it is just beginning if your neighbor is as problematic as mine! /forums/images/graemlins/frown.gif

 

[mdbarb]

Hallelujah! /forums/images/graemlins/grin.gif The evil neighbor FINALLY moved his RV off of my property. About 2 years after I told him to and Forty days after the judges ruling. I'm surprised the thing started. Of course he had to back waaaay into my property, knock over my plants etc. Such an imature child for someone 70 years old. Unfortunately I cannot park there now as the judge decided the whole area is the roadway easement.

 

[hazmat]

Great news!

 

[Junkman]

Just think of it this way.... he is 70 and he won't live forever!! Once he is gone.... moved to another location or another plot of land... Live is back to normal.....
I am in round two with my neighbors and we are headed back to court in a couple of months.... can't wait to hear the judge tear them a new *## ^%@! for the stunts that they have done!!!