Quiet title

[NotCranky]

[quote=Hobie]This is what the injunction is for.[/quote]

An injunction is granted if the two attorney’s settle an drop the case? Or they agree to allow the judge to grant the injunction prior to closing the case?

[Hobie]

If you reach a settlement, that is before a trial and will be in writing. But you have to sue him if he breeches. No injunction as you agreed to drop case before trial.

Injunction is court order to stop doing something. Judge issues this when you win. Even if you win by default.

Benefit here is you get to call the cops to enforce it and he gets hauled back into court to face possible criminal charges now.

[phaster]

[quote=Blogstar]
Some of you might remember that I have and trouble with a neighbor over an easement. I have still been using an alternate road. Well things came to turning point and I am interviewing attorneys.

. . . I wonder if the quiet title action isn’t easy “churn” for the lawyers , or the best way to start a fight that add$ up? . . .[/quote]

since you mentioned easy “churn” for the lawyers, sadly been there done that trying to do the honest/right thing in a “sewer line” issue which turned into a quiet title lawsuit

from my experience lawyers “churn” fess seems the be the norm which cost me six figures for LEGAL COSTS and repair bills (in a fight I inherited w/ a problem I no part of creating, all because TPTB didn’t want to admit a mistake/corruption)

http://TinyURL.com/EnronByTheSea

actually settling (and paying for legal-fees/repairs) was my only economic survival option and NOW understand why TPTB don’t want to admit any mistake/corruption

[quote=TIMESOFSANDIEGO.COM]
Financial Outlook Shows San Diego’s Revenue Will Grow

Revenues to the city of San Diego are projected to “modestly improve” over the next five fiscal years, while expenses will continue to rise, according to a financial outlook to be delivered Thursday to the City Council’s Budget Committee.

The five-year outlook, released annually in November by the mayor’s financial staff, projects steadily increasing general fund surpluses through Fiscal Year 2021.

The anticipated surpluses begin at $200,000 for the next fiscal year, and grow in subsequent years to $7.9 million, $25.1 million, $46.4 million, and $73.7 million.

The projections don’t include factors that occasionally pop up, like increases in contributions to the employee pension system.

http://timesofsandiego.com/politics/2015/11/18/financial-outlook-shows-san-diegos-revenue-will-grow/%5B/quote%5D

http://piggington.com/how_will_unfunded_pensions_affect_economy?page=6

[PCinSD]

[quote=Blogstar]Back to the legal process: Say some kind of quick settlement goes forward, how is this enforceable? Settlement pretty much being get your fence out of my
easement road. What consequences are there if the neighbor returns in some other from to blocking or sabotaging the road?[/quote]

You have a settlement agreement and stipulated judgment.

[Hobie]

.

[NotCranky]

I think settling with this guy is not a good plan. I need the injunction if going to the trouble to sue him at all.

Which sort of brings me back to this idea.

Abatement

There is a general and limited common law principle that a party is entitled to enter onto another’s land in order to put an end to an interference. This is known as abatement, and it comprises of both:
A right to enter onto the servient land in certain circumstances.
A remedy of putting right the interference.
Abatement can only be used where a cause of action exists and, in the case of easements, this lies in nuisance. So, for example, abatement may be used to lawfully remove an obstruction that is blocking a right of way.
The limitations on abatement were discussed in Burton v Winters [1993] 1 WLR 1077 which are:
Abatement is only appropriate in simple cases or where an immediate remedy is needed.
If there is more than one way to abate the nuisance, the least “mischievous” method should be used as the party abating a nuisance must act in the most reasonable manner available.
The party abating the nuisance must not cause any unnecessary damage.
A claimant cannot resort to abatement if a court has already refused a mandatory injunction.
Abatement must be exercised promptly.
Unless it is an emergency, or there is no need to enter onto someone else’s land, the party abating the nuisance should give notice to the party causing the nuisance.
If a party enters property to abate a nuisance, then that party is not precluded from seeking other remedies of damages and/or a declaration in court. If the nuisance recommences, an injunction may also be sought.

[NotCranky]

Cease and Decist was successful in getting the heavy debris and fence removed by defendant!

Unfortunately , Army Corps of Engineers is running amuck since I had to call them to investigate neighbors FALSE claim that they had designated the ditch as a wetland. The local office apparently sent the survey up to “headquarters of the Army Corps” and even to the EPA! It is not a wetland but they are apparently going to excess over other things on this totally insignificant ditch. I have contacted everyone from my state assembly member to the House Subcommittee on Water Resources to try to put the beast back in the cage. There are some bills on the table related to this kind of excessive reach by the EPA at this time.

I would try to get Turko involved, but it looks harder to get his attention than that of a congress critter , which is really hard.

[FlyerInHi]

Why would you call the corps of engineers unless you received some kind of communication from them? What the neighbor communicated to them is none of your concern.

Whenever possible, work fast and present the situation as a fait accompli.

[NotCranky]

[quote=FlyerInHi]Why would you call the corps of engineers unless you received some kind of communication from them? What the neighbor communicated to them is none of your concern.

Whenever possible, work fast and present the situation as a fait accompli.[/quote]

Yeah, I know better to ask forgiveness than permission. Even now, while I am trying to get them to drop their survey , I think it could be better to just go to my work and when they complain tell them I had enough of them and won’t tolerate being singled out for something so weird.

On the other hand it could get pretty interesting if the Senate Subcommittee I mentioned gets interested in looking at this overreach abuse. Very hot topic in Washington and throughout the states right now.

[NotCranky]

Juan Vargas is my Rep, so I imagine he is on the side of the EPA.

[FlyerInHi]

sounds to me you’re making too much of the EPA thing…

I know of some people having to deal with Fish and Game over a creek… That’s because people call them and make a stink.

Unless you received any orders from them, ignore them; and proceed with what you need to do. They probably won’t ever follow up unless you keep on calling them.

[NotCranky]

[quote=FlyerInHi]sounds to me you’re making too much of the EPA thing…

I know of some people having to deal with Fish and Game over a creek… That’s because people call them and make a stink.

Unless you received any orders from them, ignore them; and proceed with what you need to do. They probably won’t ever follow up unless you keep on calling them.[/quote]

Unfortunately we’re past that. They are acting like code enforcement. The funny thing though, If I can’t run them off the troublemaking neighbor who claimed it was a wetland, and another one who wasn’t as bad but still a jerkette, have the bigger problem. They both have already disturbed it . I’ll get my permit eventually. At least the harassing neighbor is being dealt with.

[NotCranky]

[quote=Blogstar][quote=FlyerInHi]sounds to me you’re making too much of the EPA thing…

I know of some people having to deal with Fish and Game over a creek… That’s because people call them and make a stink.

Unless you received any orders from them, ignore them; and proceed with what you need to do. They probably won’t ever follow up unless you keep on calling them.[/quote]

Unfortunately we’re past that. They are acting like code enforcement. The funny thing though, If I can’t run them off the troublemaking neighbor who claimed it was a wetland, and another one who wasn’t as bad but still a jerkette, have the bigger problem. They both have already disturbed it . I’ll get my permit eventually. At least the harassing neighbor is being dealt with.[/quote]

Young woman who was working on the survey that I was trying to discourage doesn’t email back. She gave me a date that she needed to extend the survey to ,which passed last Friday. I asked her if she’s reached a conclusion by the extended promise date, nothing.

Some possibilities , They just quit cause there isn’t that much effectiveness going on anyway.

They dropped it but don’t want to expose themselves more to the waste ,or potential fraud like aspects , involved in getting up to the point where they dropped it. Lady has been ordered to put nothing else in writing or acknowledge my comments.

They are just mad and embarrassed to be beaten by the lay person.

They are doing the survey no matter how stupid and how long it takes and are ignoring my contributions since I am no longer a facilitator. ( maybe trouble making neighbor is working with them)

My choices, Ignore and proceed, or try to validate if they are working on it or not. To proceed I make myself a little vulnerable because I have to rent expensive equipment and order large deliveries by trucks. I could in theory be told to undo my work and revegetate etc.

…or call them and risk getting something turned back on that they were in the process of forgetting about.

Once I get started, I am going to finish my work with equipment and trucks and fight it out afterwards with any party that wants to fight. IN court if it’s the neighbor, probably out of court if it’s the GOV. Maybe get a better result in the long run, even if we do fight. Pretty certain nobody can, or will, stop me midstream of the job.

That’s the way big builders like the current Casino builder in Jamul often go at it. I have done it before on small scales like this and came out unscathed.

Other than my neighbor shooting me there is no outcome I can’t live with.

[NotCranky]

This weekend I put the road work in and can now pass through the easement.
I also cut down a 8’x16′ foot chain link gate and was in the process of removing the posts when the neighbor and his wife came out and tried to get me to stop, Which I refused. The man ended up getting his backhoe and taking out the last post and promising to remove a section of barbed wire fence I told them I was going to take out.

Still a lot of hostility and threats. I am sure they are checking with their lawyer and county to see if they can get revenge. No matter, My wife and I decided we would let them try to sue us if they want to.The only harm he can say I did was take down the gate, which I am almost 100% certain I have a right to do.

I tried not to disclose on this thread that I was pursuing a restraining order for death threats and attacking me and my kids with vehicles, swerving at us , tailgating , getting in front of us and slamming on the breaks and stalking us on a motorcycle and the doing wheelies and stuff around us , with his shirt over his face! I had one police report threat with a deadly weapon not fire arm for charging us with a large tractor while we drove past the easement on a public road. only me and my three boys as witnesses.

The judge kicked the restraining order out of court because the Sheriff could not serve him in about 12 attempts over 3 months because he was hiding behind his security gate. that was sickening that the judge did that , i went to court 3 times for extensions and at the fourth hearing he dumped it saying he couldn’t punish past crimes. So far I can prove that they have never been afraid of me and that’s the most foremost thing on my mind now, keep from messing that up in case they try to make up some lies about me doing the violent things they do. He actually already put in writing that the motorcycle thing was my fault, but that’s super ridiculous since I have the video.

Anyway, the people were pretty concilatory at times, dude alternately wants me to be my friend and sue me or report me to the county. I filmed
the whole discussion. They kind of entrapped themselves admitting that they were doing the obstruction because they were afraid I was going to allow other neighbors to do use the road( instead of because of a wetland). I told them they can’t threatened to kill me , steal my easement ,and attack me and my family ,and lie about wetlands because they are paranoid. I think it is good to have that on tape.

[NotCranky]

del.

[Author]

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