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NotCranky
ParticipantYou can imagine I am a little uptight about suing for my rights against a rogue neighbor when the government, any government, can kill it or at least make me have a completely new fight, when I am finished.
Participant[quote=Hobie]Blog: I see. I was just wondering about options re settlement. One idea was you could legally keep the easement, but agree to not use it for a limited time. Then hope he dies or moves and you’re set.
If privacy is his thing, would planting a wall of bushes help this? I know you already thought of this but again just getting options on table trying to keeping peace with crazy.
Still think you have to sue him to keep you ducks in order to be able to enforce on him. Kinda feels like dude won’t back down without the real possibility he will go to jail. That may get him on to an new hobby.[/quote]
Right now I can do the work without fees or permits. I just got it cleared from every land use authority in the U.S. and NASA too. I am afraid that some new regulations or some incompetent official will come up and end this privilege for real ,or put some huge and expensive requirements in the way.
There is a ditch in the road I need to fill with rock or make and Arizona crossing. Just last year there was a huge movement that gave the Army Corp of Engineers potential to put every little contour of the surface of the planet under their jurisdiction. The EPA claimed that anyone that thought they would was paranoid ,but let me tell you , since this nut claimed the Army Gorps of Engineers put a biological designation on this little ditch I called them, sent them satellite pictures and close up photos. They had no record of there being any biological protected ditch out here. Do you think they said no this little ditch in the upland of the San Diego Foothills is not in our jurisdiction? No, they are doing a Survey on it. It’s working out because I have it in writing that they will rule it not “Waters of the United States”, or give me a no cost permit , but you can see where my concerns come from. There much be a million ditches like this in the county. I have 5 bigger just ones on my 20 acres. That’s potentially a lot of “Waters of the United States” .Even day before yesterday when I was clearing it with code enforcement , the chief of that department said I may not be able to clear a little bit of brush that has grown back where my road is blocked! We argued a little then she looked up some regulations as to why it was “exempt”. Pretty soon these people are going to decide if we can or can’t wear hats on a sunny day. No sir you would be diverting a few of the sun’s rays. Of course you will be able to buy a hat permit for $$$ as long as you only wear it on Tuesdays and it is of a neutral color.
Participant[quote=Hobie]Good stuff from Gzz.
Gzz: I know the best option is to have atty run the case but Blog seems to have lots of evidence to support is claim of interference with the easement. Do you think he could be successful pro per? I guessing neighbor doesn’t have many defenses.
Blog: If you have other access to your property, why did you purchase easement? Easier access? I do understand you purchased it before neighbor moved in but selling it to neighbor is one of the settlement options. Regarding settlement, the value is what you determine, not what you paid.
Question: If you are not using the easement currently, why is neighbor hassling you? Or do the other neighbors still use the road and you are just his favorite one to pick on? Does he want that piece to build something on? Paddock, etc.
Not saying to roll over but just getting more info to help form strategy.[/quote]
I purchased the easement because the other road is longer , it’s prescriptive not perfected, the layout is a mess, too many other very independent minded people to share it with. It’s functional but not ideal. Some people like it all rutted up, don’t want improvements because people will drive too fast. Another guy doesn’t want gravel because he thinks he will take a spill on his heavy motorcycle. Stuff like that.
I understated the value of the grant deed easement I am sure. An easement that can pass a buyer’s title and especially a lenders title needs makes the property worth quite a bit more. In fact, I bought it very cheaply cash because it was technically landlocked, thinking about working on getting these easements over time. I just don’t remember to think about that often because I want to leave this property to my kids. But yeah, I need to protect my rights over the express easement.
I think I told you about who else he has excluded from the easement in the PM’s? Don’t want to go into that here. He is trying for increased privacy. He has an unusually extreme need for isolation and control as far as I can tell. He justifies trying to accomplish this separation with the idea that I am a bad guy attacking precious wetlands that nobody else sees. He can’t rest a minute until his adverse possession,( which he can’t really accomplish by the means he is using) is complete , so he has to threaten me constantly to keep me out of the easement. So as much as getting control of my road to actually use it , I think his fantasy needs to be broken so he can quit protecting it , harassing me.
Participant[quote=bearishgurl][quote=Blogstar] . . . What happens if the neighbor and I file suit at the same time more or less? Is there more hours for the Lawyer now answering the other complaint too? How much?[/quote]
This can’t happen, Russ. If the cases are filed within 59 days of one another and not yet served (the second filer doesn’t yet know about the first filer), then I believe the second case number will be “consolidated” into the first case number and all or a portion of the second-case filer’s first paper fee will be returned to them because they will now need to file a response to the first case if/when they are served with it and pay it over again. I don’t know how long it is taking the clerks to input new filings in the computer but I suspect they do it on the afternoon of filing, since the business office now closes at 3:30 pm and they don’t get off until 4:30 pm (or it is done by back-end staff all during the business day). So by the very next business day, the first case with the exact party names is in the court’s computer (which could ostensibly cause the second case filing with the exact same party names) to be rejected or consolidated shortly after filing it.
[quote=blogstar]I am really on the fence about the demand alone first, or just filing a suit and serving it with a settlement letter. Most attorneys I am talking to will write the demand for a flat fee without retainer.
I’ll ask about the flat rate thing for getting through your suggested steps. I copied that post and have it handy now.[/quote]Earlier on this thread, I suggested to you trying to get a “Limited Scope Representation” retainer agreement for the purpose of the atty preparing and sending your demand letter, preparing all your papers to file suit, leaving you to do the filing, finding a process server and other grunt work, such as gathering documents you might need in the future, etc. I feel that arrangement could save you a boatload of money as long as you didn’t end up needing to schedule an evidentiary hearing or trial, which could prove to be too “tricky” to prepare for and handle successfully by yourself (even if the other party didn’t show up for it after being notified by the court).[/quote]
Thanks for the info: I doubt I’ll try to go limited scope representation. I am leaning toward giving a solid firm some money to do all those steps gzz outlined.
ParticipantThis happen to me once. I got an ,attorney to write a threat about breach of contract. Seller’s lawyer contacted me, I made him cry. Opened mediation at local SDAR and got the deal closed. I did give up some little things but if it’s a killer deal that’s o.k.
Do you know why they want to kill the deal? I would find that out. Maybe it’s something so bad you don’t want to deal with it or maybe it’s not that big of a deal like in my case.
ParticipantI have been looking into the title company side of things. One lawyer told me that I have to think about a small payout from the title company or whether I want peaceful enjoyment of my easement. When I bought my property this easement was not the access. I still have the other road so the new one isn’t worth much more than what I paid for it. In fact, if the suit goes too far , soon s I pass the break even point and am going for it off principles. That may may be the case already.
As I have said before, I am not giving up a lot of info here. Another poster has given me what I feel like is solid advice in private messages where I pretty much gave him all the info. I appreciate learning more but the whole story is not up here.
That story lends a lot of credibility to strategies that might not seem sound based on what is on this thread alone.
ParticipantDo Lawyers have lexis on their computers?
I think it would be funny to ask one to pull up their winning easement cases at their office.ParticipantI an see where lawyers spend a lot of time getting interviewed by people who are ignorant of the legal system for nothing. Sorry folks, I just want to look before I leap. That could work out for me though, my opponent has zero patience.
Participant[quote=gzz][quote=Blogstar]
Today I got quotes from attorneys on just a demand letter. Attorney I found on Internet
3 hours at $275 was one.
Another by an attorney I suspect is more professional , experienced, maybe gets to the point a lot quicker and was referred by someone I trust in another profession.
1.5 hours @ $400 hr. So cost less![/quote]
That is reasonable for a short cease and desist letter, but probably not going to get a settlement for you.
Personally, I would never write a demand letter like they offered to do without a client who is already paid up and ready to follow through with suit if the letter is ignored. If I write a demand letter, they reject it, and you don’t follow through, that harms my reputation, and my future demand letters would be taken less seriously to the detriment of all my other clients.
I also would not do a quote in hours like this. The best demand letters come after the complaint it already written, and that point it would just be 20 or 30 minutes to write plus a proofread.
I suggest you see if you can get a firm offer to do all the steps in my prior post for a single flat rate. I also again suggest making a trip to the law library and searching for the attorney’s name on Lexis and seeing what type of record they have. I believe they have small branches in Chula Vista, El Cajon, and San Marcos.[/quote]
I was thinking about this last night. Committing right now to sue or not with the possibility that the demand letter being super simple to do after the complaint and settlement offers were written up (serving settlement offer with complaint)
What happens if the neighbor and I file suit at the same time more or less? Is there more hours for the Lawyer now answering the other complaint too? How much?
I am really on the fence about the demand alone first, or just filing a suit and serving it with a settlement letter. Most attorneys I am talking to will write the demand for a flat fee without retainer.
I’ll ask about the flat rate thing for getting through your suggested steps. I copied that post and have it handy now.
ParticipantIt didn’t occur to me that these attorneys that specialize in RE including easements and boundary disputes may have never won a case about easements.
ParticipantThanks again gzz. I would rather take the no nonsense low overhead route also. I tried to kind of find a other side of the tracks guy for law but he really made some mistakes in the interview ,so that was that. Wasn’t that much cheaper either.
Even though the cost is high I know you get what you pay for unless you know some that rare oddball genius who for some reason or another doesn’t charge as much. I don’t know that person in law, but I know there are some in every trade and profession.
Today I got quotes from attorneys on just a demand letter. Attorney I found on Internet
3 hours at $275 was one.
Another by an attorney I suspect is more professional , experienced, maybe gets to the point a lot quicker and was referred by someone I trust in another profession.
1.5 hours @ $400 hr. So cost less!
ParticipantThere are so many attorneys , pretty much everyone of them wants to do business with you and yet they charge so damn much! I don’t get it, where is the supply and demand balance in this?
ParticipantI don’t understand the summary judgement. Is that just a preliminary ruling that the defendant chooses to fight or not?
How long after the demand to file a case, or should I do it at the same time. Demand, settlement offer, serve complaint?
ParticipantI don’t understand the summary judgement. Is that just a preliminary ruling that the defendant chooses to fight or not?
How long after the demand to file a case, or should I do it at the same time. Demand, settlement offer, serve complaint?
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