Easement/Trespassing

zddoodah said:
I told you four times in April and June 2021 to get an attorney. Do you think I'm going to tell you something different now that you've actually been sued?
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I did as you told me back in 2016. I talked to an attorney about the situation with neighbors. The attorney said the law suit is being brought by title company for plaintiff neighbor. Im defendant. Attorney told me title company will pay me 8,500. I said great. Where do i sign. That was 2 mths ago now. Now nothing. I've paid attorney $2500 so far. Have not seen a dime. Have heard nothing from attorney. I am retired and on a fixed income. $2500 is a lot of money to me. Feeling really stupid right now.
What now ?? Is there something else i should be doing ?? I was thinking about trying do free half hour with another attorney to see if what my attorney is doing is right ???
 
tim m larabel said:
I did as you told me back in 2016. I talked to an attorney about the situation with neighbors. The attorney said the law suit is being brought by title company for plaintiff neighbor. Im defendant. Attorney told me title company will pay me 8,500. I said great. Where do i sign. That was 2 mths ago now. Now nothing. I've paid attorney $2500 so far. Have not seen a dime. Have heard nothing from attorney. I am retired and on a fixed income. $2500 is a lot of money to me. Feeling really stupid right now.
What now ?? Is there something else i should be doing ?? I was thinking about trying do free half hour with another attorney to see if what my attorney is doing is right ???
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Please understand that 2 months is not a long period of time, especially in a case that' been ongoing since (at least) 2016.
 
To the OP I would say that neighbors claiming ownership, easement, or other supposed rights on your deeded property are the folks who need to provide the written evidence supporting any claims. Was this done in the lawsuit you mention?

Verbal claims and verbal "agreements" regarding rights in real property are not worth they paper they are not printed upon. If a title search (letting the "searcher" in on the situation at this point) turns up nothing in writing, your attorney will know what notice to send in certified mail to the neighbors. Not $10 0r 15K.

The reaction (or lack of one) will likely point to the next step, which we cannot envision here at this point.
 
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Ya, events are a little out of order here. Sorry. 2016 was the first time i talked to an attorney about the situation. Things didn't come to a head until this year when natural gas was being offered coming down the street. I told dte we are in a land dispute. They then pulled flags out for gas line going to neighbor behind me. It was enough of an irritation that they finally sat down with a mediator. Neighbor to north that sold them half a driveway and neighbors behind him and her met with my wife and i. Meeting ended abruptly when neighbor behind told my wife to shut up. We were ushered out by mediator fearing for our safety.
About a month later, June 22 2023 , get this law suit delivered. Then my attorney, after looking it over , said the title company is suing you. Then my attorney told me that they would pay me $8500. Not sure what they would be paying me for, but , ya , I'll take $8500.
Now attorney emailed me back and said he hasn't heard anything. I hesitate to call him because he gets like 100 dollars a minute. Emails are only like 50 dollars a reply.
So that's where we're at. No settlement yet. Not going to be able to get my property back that they trespass on every day. And B S about you could have gotten it back had you complained about it early on , is just that, B S. There's never a bad time to do the right thing.
 
I'm being offered $8500 to look the other way. The easement my neighbor behind me has been using, isn't legal. My attorney is saying that the title company screwed up.
My attorney is also saying that a judge will never give me my land back as the squatters have been using it for so long. I know the law is 15 years. I had a survey done in 2016, that was only 11 yrs after i bought the property. In my mind it's not right no matter how much time has passed. They are trespassing and always will be without my permission.
So my question is a simple one. Do i accept whatever check i can get or spend 15-20k trying to get 1500 sq ft back on a half acre lot. ??
 
It matters NOT when YOU bought the property. If they've been using it for 15 years under the right condition (and even a defective easement is under a cover of right), they can win an adverse possession case. You'll lose and they won't have to give you anything. You'll also pay your lawyer for dealing with this.

If your lawyer thinks $8500 is a good deal, it's hard for us to argue otherwise.
 
tim m larabel said:
So my question is a simple one. Do i accept whatever check i can get or spend 15-20k trying to get 1500 sq ft back on a half acre lot. ??
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You have the ability and intelligence to answer the question posed and almost any other query you'll encounter in this life.

Heck, I know the answer I'd choose.

Why bother asking STRANGERS anything AFTER you've retained an attorney?

You KNOW your attorney.

You know NOTHING about anonymous internet denizens, some of whom just might be Russian, North Korean, Communist Chinese Bots, or budding teenaged hackers!!!

I'm not the planet morality police for anyone but myself!

I hope you'll choose wisely and proceed cautiously.

If you're allowed to wander this planet for 5, 6, 7, 8, or more decades; you'll discover closing your eyes (as in looking away), holding your nose, and ignoring the noise emitted by other critters are very effective mechanisms disallowing the actions of others to harm your psyche or ruin your day.
 
adjusterjack said:
Then why isn't the title insurance company stepping up to cover the litigation costs or pay you for the loss of that section of the property?
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Because he likely didn't buy an owner's policy, just the one the bank made him purchase to protect their interest.

And if they reported the easement (defective as it is), that probably ended their liability for it.
 
Hey All, i appreciate you taking time to answer my questions. !!
Here is a new twist. Just received notice from court, " Intent to dismiss" 91 days of inactivity. Sent my attorney copy via email couple days ago and have heard nothing back. So, are we back to square one and I'm out my $2,500 dollars I've paid so far ??
 
Thanks Jack, Can't call him. Gets 100 dollars a minute. I emailed him. That's only 50 dollars a word.
He finally replied. Said we should be wrapping it up soon.
So, we'll see. Thanks again, Tim
P.S. Should i be asking for more money. Like 80k. Instead of 8k. ?? And if i did, would that shut everything down ??
 
tim m larabel said:
Should i be asking for more money. Like 80k. Instead of 8k. ?? And if i did, would that shut everything down ??
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You're free to ASK for $1,000,000, however, I doubt you'll receive a dime more than what you've been offered.

Consider the $8,500 a quicker windfall, over pursuing the "motherload", which isn't coming in here.

Based upon your recent revelations, I'd be eager to snap up the $8,500 and scamper away with the modest amount offered. It may not be a bonanza, but a dime is better than a penny, as does $8,500 trumps $85.

Take your money son, and run away as fast as the old, Gingerbread Man.

cookie-run-cookie-run-ovenbreak.gif
 
New Twist,
Now i get a letter of dismissal. Dropping suit, please sign and return.
Soooo, no $8500 and no resolution to easement issue and $2500 paid to attorney gone. ???
Wow, wtf !!!
 
tim m larabel said:
New Twist,
Now i get a letter of dismissal. Dropping suit, please sign and return.
Soooo, no $8500 and no resolution to easement issue and $2500 paid to attorney gone. ???
Wow, wtf !!!
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You might have to file your own lawsuit.

tim m larabel said:
Should i file a suit in small claims against neighbor to get reimbursed attorney and filing fees ???
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That's not the way it works.

You would have to first win the neighbor's lawsuit and then prove that he filed a frivolous lawsuit.

Here's information from Michigan about frivolous lawsuits.

Civil Proceedings Benchbook (michigan.gov)
 

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