</font><font color="blue" class="small">( After I talk to this man tomorrow, I am going to contact my attorney again about finding a resolution to all of it. My thoughts right now are to grant our neighbors a temporary easement on the sewer line (untill they or us want to improve the property, then it will be moved onto theirs). But I am thinking on the lagoon levy encroachment, I am pretty much stuck with either granting them a permanent easement, or selling/leasing them that little encroachment area. Do you think we could get estimates for moving the lagoon and line, and sue the woman who sold it to us for the cost of moving it?? I don't really want to stick the new neighbors with the cost of it. I'm really perplexed as to what the **** to do at all right now. Do you think the woman who sold it all to us is liable for anything??? What would you suggest.
Ken )</font>
Under no circumstances would I grant any easement to the neighbor. It is nice that you don't want to put the screws to him, but this isn't your doing, nor is it his. If he has to resolve the problem on his own property, then he will be the one that will be putting the screws to the seller to resolve the problem. In the end, I can see where both you and he will wind up either filing jointly against the seller, or you and he will no longer be talking. Personally, if you don't give in, then the seller will have to resolve the problem with the two of you. I wouldn't be wasting time, but would be contacting attorneys to see what their views of this are. The longer you wait, the more valuable time you loose. If the seller were to drop dead tomorrow, you would then be dealing with her estate. The one thing that I have learned in land dispute problems is that being nice gets you nowhere, and time spent procrastinating is wasted time. If you were to file tomorrow, it would still be 3 - 5 years before you would even see a judge. In that time, the next door neighbor might decide to sell the property and then you have another person to deal with. Have the surveyor prepare a map for filing and show the illegal encroachment on that map. Then file that map with the county so all future purchasers of the neighbors land will be put on notice when the title search is done. There is no such thing as a temporary easement....... You could give them a license, but that has its problems. You need to get moving on getting them to put the system on their property or coming to financial terms with you. Most likely, they are in favor of keeping the situation in limbo... It doesn't cost them and they have everything to gain. The way it stands now, they are getting closer every day to a adverse possession claim on your property. In fact, I would look into filing papers immediately that would stop the clock on adverse possession. I have to do the same thing with a problematic neighbor even though I won the case 17 years ago. They agreed not to trespass in the settlement, but continued the day after the papers were signed. The attorney said that I would have to start over at peg one to get before a judge again. Never believe that it is over, because people just disregard the judges decision on civil matters and it is hard to get them moved to a criminal situation. I know because I have been dealing with it for 23 years!!! /forums/images/graemlins/frown.gif