O2addict, Thank you. I think I am just going to start every post with “Hobie was right” or “should have listened to Hobie”. 🙂
Seriously, I hope this thread helps others if just to learn from my mistakes.
An easement exists. There is not a lot of detail to it. I spent a lot of time looking at old records to check. I had proposed to the neighbor that we make it clearer (would potentially help both of us with resale). He refused. He also would “not allow” work without his ok. I am pretty sure he can’t do that BUT when I have done something as simple as requesting information from him, he has immediately had attorneys threatening me. So, I can only imagine what he would do if I had a plumber roll up to do some work.
Lis Pendens is a great idea, but I don’t believe it applies here. You have to have a suit involving either the title to the property or a claimed ownership interest in it. I have neither.
If I had filed a proper lawsuit at the time of the first extremely bad behavior, I would have had a chance of having a judgment by now which I would need for a lien. To be a little fair to me, my neighbor pushing out the suit and Covid definitely did not help my situation. Well, that and I never anticipated anyone lying this much when it hurts them financially to do so. I thought most people would be more logical about a major investment.
I do not believe this neighbor’s orders changed. I believe if he has decided not to sell that he will rent. This is second hand info, so no idea if this is true. And, I am really not tracking their actions very carefully as it is mostly none of my business. I only ran into the neighbor last week as I was out with my dogs when he was out in his yard. And, as he has pretty much refused to communicate in any productive way, I figured I would try that.
I think right now all I can do is 1) fight this ridiculous TRO 2) get a good attorney.
