OK... this is a long story.
My Dad and I bought a piece of property a few years ago. I have had little involvement except for having my name on the deed.
My Dad and a neighbor verbally agreed (I was there and witnessed it) to have Dad place a fence in an easement that seperates them. Its 30' and Dad and the guy would each take 15'. Then a few months ago the guy took us to court saying we were blocking the easment with the gate and fence. We ended up agreeing to move the fence and gate within 90 days. Dad moved the fence and all of the gate except a couple of posts so they had plenty of room to drive through. On day 91 they filed a contempt of court on us. I understand they have that right because he failed to move the entire gate.
I need to figure this out because obviously my name is on it and I am involved legally even though I am not actually involved physically.
We went today and removed the rest of the gate and reset it 15' back as agreed in the order from the original hearing.
What should we do now? I just don't have the funds for an attorney right now as all the ones I have spoken to want $500+ to appear May 14 at the contempt hearing. As I understand the judge could do nothing, fine us or jail us. Now that the removal of the gate is complete shouldn't this be over? Can we write their attorney and the judge and ask that they dismiss this? Seems to me there is no reason to have a hearing anymore. I cannot afford a fine or jail time either I have a business and a wife and two kids.
As I understand from a little online research this would be considered civil contempt of court and once we moved the gate and fence we are no longer in contempt so it should be complete. But, I am certainly not an attorney.
Someone please tell me what to do here... Please keep in mind the neighbors are very unreasonable people and have an issue with my Dad because he owns land they once hunted and camped on and he fenced it and posted it and won't let them play on it anymore. I should also mention that their son is a Sheriff's deputy and is a bailif (sp) in the court. We are worried that he is bending the judge's ear, etc.
My Dad and I bought a piece of property a few years ago. I have had little involvement except for having my name on the deed.
My Dad and a neighbor verbally agreed (I was there and witnessed it) to have Dad place a fence in an easement that seperates them. Its 30' and Dad and the guy would each take 15'. Then a few months ago the guy took us to court saying we were blocking the easment with the gate and fence. We ended up agreeing to move the fence and gate within 90 days. Dad moved the fence and all of the gate except a couple of posts so they had plenty of room to drive through. On day 91 they filed a contempt of court on us. I understand they have that right because he failed to move the entire gate.
I need to figure this out because obviously my name is on it and I am involved legally even though I am not actually involved physically.
We went today and removed the rest of the gate and reset it 15' back as agreed in the order from the original hearing.
What should we do now? I just don't have the funds for an attorney right now as all the ones I have spoken to want $500+ to appear May 14 at the contempt hearing. As I understand the judge could do nothing, fine us or jail us. Now that the removal of the gate is complete shouldn't this be over? Can we write their attorney and the judge and ask that they dismiss this? Seems to me there is no reason to have a hearing anymore. I cannot afford a fine or jail time either I have a business and a wife and two kids.
As I understand from a little online research this would be considered civil contempt of court and once we moved the gate and fence we are no longer in contempt so it should be complete. But, I am certainly not an attorney.
Someone please tell me what to do here... Please keep in mind the neighbors are very unreasonable people and have an issue with my Dad because he owns land they once hunted and camped on and he fenced it and posted it and won't let them play on it anymore. I should also mention that their son is a Sheriff's deputy and is a bailif (sp) in the court. We are worried that he is bending the judge's ear, etc.
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