[Hobie]

you said .. ” normal white smoke on startup”.

Wondering if the smog guy saw steam from a cold start and thought it was actually smoke!

If you are not loosing coolant nor want to do a compression test maybe you are lucky and actually have a sound engine and smog guy was inept.

[Hobie]

Flu: White smoke is from a coolant. Head gasket failure most common, followed by crack in head. Feel like a running a compression or leak down test??

Black is oil or super rich. Rich would be running really badly and you would have mentioned that already so that’s not it.

New catalytic is like the magic pill for older cars! I got a carboratoer in one of mine that runs great but it just is not as clean as fuel injected. I have a running bet with my smog guy!

If you are planning on keeping it, replace vaccuum lines and vacuum control ( CTO )valves. These are the vaccum switches that cycle depending on coolant temp.

But all of that is after having a different smog smog guy – pass or don’t pay place.

Oh, and maybe it would be good to make a couple of high speed freeway runs to burn off stuff in the pipe and really heat up the cat. Then take in for the test while cat is hot.

Doesn’t the car have to be dyno smogged? Newer cars get the plug in test.

[Hobie]

Blog: Please don’t waste your time with bar complaint. Won’t go anywhere. Atty is not your problem.

Plus, if you haven’t used easement in 2years, what is the cease and desist?? All bs. Add these docs to you file and take the offensive.

Any luck finding your own atty? These notes and stuff all help your side.

And if this other atty is such a sleese he will be billing neighbor big time when you drop your hammer. Squeezing neighbors wallet is good.

[Hobie]

Just how much coolent have you lost? Btw, the copper colored sealer seems to be better

[Hobie]

Shouldn’t the car be warmed up enough and kept running before the smog test? With a head gasket failure it would probably fail the emissions but visual??

Barr’s head gasket sealer will work provided it is not a huge leak.

Obviously, you are on borrowed time but maybe a different tech could help.

[Hobie]

[quote=Blogstar] he is also used fraud to try to convince me that I couldn’t work in the easement. Not sure the court would see it as full on fraud, but he has falsified information as if it came from County,State and Federal departments.[/quote]

I would think your atty would have some fun with falsified docs. This all speaks to the jerks character.

[Hobie]

PM received.

[Hobie]

Again, guessing, .. any damages awarded will be very hard to collect from this guy. With that in mind, do you have and real damages short of the access to the road? Like $100k documented medical bills. Punitive is expensive to litigate and I doubt applicable in this situation.

So,if you don’t have any major damages and just want to spank him using the punitive argument I would regroup and just go for the court order for him to stop blocking your road. That’s it.

Going pro-per sounds like an option with all of your evidence. I would pay 1-2 hr atty consult for strategy.

Ask atty for estimate to prepare this for trial with hopes of summery judgement prior to full trial. No discovery, title searches, etc. Just more knowledge for you at this point.

But first, I would pay for the final demand letter on atty letterhead before doing anything else.

[Hobie]

Got it. Suing him for interfering with the easement will give you more tools you need.

The injunction is something that happens after a trial and with that the sheriff can have his stuff towed, arrested, etc. as he violated an injunction (court order to not do something. ie don’t mess with the road.) Same with dec relief, it just spells out court order. And cops can act on that.

I’m guessing the quiet title business is a play to keep the court from modifying the easement and giving it back to jerk. I still don’t think this is probable or necessary and just runs the meter.

The court may just issue a summary judgement based on all of your evidence. What are the defenses that could be used by the jerk? Probably not many.
———
So back to your original question – how to instruct the atty.

1. Send cease and desist letter by atty I mentioned previously. Probably won’t do anything but it lets court know you have made every effort.
2. Sue for the interference of easement. I would include all other people who use that road.
3. Stay on sheriff for enforcement.

Good Luck !! Keep us posted.

[Hobie]

Ok Blog. I fully understand you not wanting to publish all the facts but based on what you have written here let me take one more stab at this.

Your issue is simply accessing and using your legal easement. Jerk neighbor bought his property knowing full well of the easement. Now he wants that land back and is being a prick.

This quiet title business is bad advice by people who either don’t understand the facts or are trying to take your money. QT relates to ownership of property. This has never been an issue especially as you had multiple legal descriptions recorded defining his property and the easement. Who owns what is very clear and not in dispute.

There has been a prescriptive easement as well and your paid portion and presumably other people with similar access across this land. Legally complete and all in place before jerk moved in.

I get living in the country there is a bit of the wild west mentality and you neighbor sure fits the bill. I also understand about cops tending to let you sort things by yourselves. Problem is the dude probably has guns and you are very concerned about your family safety. I would be too.

Either you move or deal with him. Again, I fully understand this is not easy but the concept is simple.

Lets deal with him. You have every right to enjoy your easement. He has harassed or otherwise interfered with your use. You have police reports, video, statements supporting this.

Instruct your atty to prepare a demand letter for him to cease and desist his interference with your easement. He must remove the fence and regrade the road back to original usable condition. Cite the past instances and include photos. Include your grand deed and other supporting docs as well as the prescriptive easement from others.

Prepare another letter to the District Atty putting them on notice of this problem and include your letter to neighbor. I would also indicate a restraining order may become necessary.

Mail it first class, certified, and fed ex. Don’t worry if he refuses or ever reads it. That you made the complete effort to communicate is what counts.

Next comes enforcement. Wear a video camera anytime you are on the easement. Call cops and have vehicles impounded if he parks in the easement. If cops don’t show, at least there is more paper trail. Finally, get DA involved and take sheriffs non-response back to the Chief.

Good Luck!!!

ps. No lawsuit is necessary. If need be, you pay to fix road and bill him. Small claims to collect that.

[Hobie]

BG: There may be problems with the title as you mentioned. But, without pulling a complete title search this attny could not even recommend a quiet title action as he does not yet have the facts. As you know, real estate law is very precise. No RE attny does fix cost cases. There is always unknown variables that take time to sort out.

Blogs issue is not one of the title. He needs a big stick.

[Hobie]

Blog: I feel you are with the wrong atty. ‘Fixed cost thing’ is bs.

“so even if the guy doesn’t fight title claims, and settles quickly, or doesn’t even answer the claim and I win by default”

This doesn’t make sense. You don’t and cannot gain title short of purchasing the rest of his property and you already paid for an easement on his land. There is nothing for him to settle. What do you win by default??

Time to focus. The issue is the easement not title. You paid for the right to trespass someone elses property legally through an easement. Period.

Find a real estate only attny and pay him for the letter. That’s it.

Then proceed with enforcement. Photos and call cops like I already mentioned. If he brandishes a weapon, then he goes to jail. Where a GoPro when you egress.

You are not in good place with this. You don’t have all the options to make decisions. He gave you bad advice and is simply trying to win you over again with another meeting next week.

Grr.

edit————
You mentioned you have title. To what? Is your easement in the form of a grant deed? If so that is not the title you are thinking of. It’s just an easement.

[Hobie]

I wondering if the quiet title action is a throwaway in term of negioating with the troublemaker? Seems like a non issue and just a money grab from atty.

Still not sure why you need to originate lawsuit. I’m thinking the demand letter to remove the fence and you remove it and bill him if no compliance. Then he would be the one to start a lawsuit. But for what? Trespass? Clearing the easement?

[Hobie]

I think the question to the attny is simply, I got the easement and he erected a fence blocking it. Please write letter ordering him to remove it and put the roadway back in original condition. This add more paper trail for you.

Prescriptive easement is gold for you as it was in use before you or the ass moved in. I’d want an affadavid from old people ( assuming they will go soon) confirming the use of the road for x years. This kind of thing weighs heavily in your favor.

This kind of boundry dispute is really old law ( think Romans) and there is a ton of case law. From this distance, you and your neighbors have every right to the road and the ass needs to worry about not getting thrown in jail for harrassment or worse.

[Hobie]

At the same time, you cannot claim adverse possion against him. I’m not an attny but it seems strange to bring quiet title into this. As I see it, you have a legal easement for this roadway and he is interferring with that enjoyment. And, there are other folks that share the same easement.

Again, I think this is a civil enforcement matter not a new issue as to who holds title. Does that make sense? What about a restraining order against him?

Seems like all grantees to that easement need to band together and issue a letter communicating to the dick to keep off the easement and no further harrassment.

I would also think the prescrptive easement by the old people would help you as it shows the good use of the land longer than you have had your paid easement.

This is where the legal fees should go. Am I missing something?

Ok, so are you planning on suing for damages to repair the road plus personal stuff?

[Author]

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