Help! I need legal advice re: easements

   / Help! I need legal advice re: easements #391  
Liquidate, liquidate, liquidate. Skip town, let the mortgage co. have the place! Won't make much difference now. Speak any foreign languages? Start with this statement; I work for cash, my name is...... Saying this half in jest/half serious. Another huge fallacy of our justice system. Best wishes, thoughts and prayers for you and yours.
 
   / Help! I need legal advice re: easements #392  
WoodsinFall,

Very nicely stated! To be perfectly honest, I wanted to respond to your first comments, but I knew that I would probably have "vented" too much.

Your comments show a great deal of class! /forums/images/graemlins/smirk.gif

And as far as your last statement concerning the movie deal, I agree 100%. /forums/images/graemlins/wink.gif /forums/images/graemlins/grin.gif
 
   / Help! I need legal advice re: easements #393  
Welcome to TBN /forums/images/graemlins/cool.gif
 
   / Help! I need legal advice re: easements #394  
It is for all these reasons that we have appeals courts to right the wrong that happens in the prior court to hear the case and get it wrong. With jury trials, it seems that it is the most eloquent speaking lawyer that has the upper hand. Their attorney must have done something very well to sell the jury fiction and call them facts. Your attorneys should have pointed this out and drawn the true facts out of them in the cross examination. I believe that you were outsmarted by their attorneys and your attorneys went into court not prepared for the proper fight. Good luck in the appeal process and you might also consider changing counsel if you think that they didn't do a proper job for you. It is easy to second guess what when wrong when you were not there, but you were and you should know or have a good idea as to what went wrong.
 
   / Help! I need legal advice re: easements #395  
I am just heartbroken to hear about the way this turned out for you. This is absolutely disgusting to see. We have a somewhat similar situation developing in our neighborhood and I sure hope that it doesn't turn out the same way.

Best of luck to you in the future, although there may not be much you can do. But continue to fight the good fight, and know that you have the support of our community, for what it is worth.

I'm terribly sorry and disheartened to hear that things turned out this way...Chris
 
   / Help! I need legal advice re: easements #396  
Any updates on this situation?
 
   / Help! I need legal advice re: easements
  • Thread Starter
#397  
I'm appealling, their appealing, attempting to secure a bond for the judgment, talking to bankruptcy attorneys, going after the insurance compant etc etc
Basically not much action - just sending thousands of dollars to lawyers.
Unless we negoiate some sort of compromise this could go on for another year....
 
   / Help! I need legal advice re: easements #398  
I've been following your plight and shaking my head in amazement. But it did come in handy for me just last week.

My neighbor's driveway is partially on my property. When he built it, it was on the vacant land next to my property, then I bought the vacant land (approx 3 acres), so now he is on my property. Just about 12". The issue came up because I wanted to put a fence up and the told me to move it over about 10'. I went out with a crew and shot the property line. My line cuts off the corner of his driveway and runs right through what he THOUGHT was his back yard. Turns out his driveway is on an angle and is not straight, so what he thought is really totally wrong. He said he was planning on paving the drive and asked if he could pave what exists. I plainly told him no, at least not unless he wants to negotiate a lease for the corner of the driveway, but absent of a lease, then he better not be putting any asphalt on my land. It was friendly but firm. I then took him back to the back corner of his property and showed him the surveyors stake so he would know where his property boundry is, when we walked there, he led the way, about 1/2 way through the woods he crossed my new property line and almost crossed the entire width of my vacant land before emerging from the woods. When we got to where he took me, I showed him MY property stake that was about 50' in front of us, it was the stake for the OPPOSITE side of my new land, I then walked him out into my soybean field and around a hillside to show him where my new property line abutted his line. I told him that was the START of his property and pointed roughly to where his property ended. We walked back up through the woods to the top of the ridge where his house sits and he told me he planned on putting a swimming pool up and it would cross the property line. I explained to him that he needed to make sure the pool was well within HIS property, and I also reminded him that I am the chairman of the architectural control committee and he needed to get his pool's location approved by me before digging!

Property disputes can get very ugly very quickly and I really am sorry you are facing the situation you have, but I also thank you for the education you have given us, and how we need to really protect what we have.
 
   / Help! I need legal advice re: easements #399  
Wouldn't a pool require a permit? I think it does around here & some communities require the setback to be surveyed. I'm suprised more property owners aren't interested in knowing exactly where their boundries are.
 
   / Help! I need legal advice re: easements #400  
How come he didn't know where his property lines were? Everytime I've been involved in selling/buying real eastate the banks REQUIRED a survey to be performed. Is this just a regional thing?
 

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