Lawsuit from a nut case

[jonseredbred]

an easment is basically an irrevocable permission to use a part of a tract of land that belongs to someone other than the easment holder to place utilities, access to farm land, ect. I dont know the specifics, but it is quite possible he might own the property. Dont get caught up in the bravado that you are comfortable in the court room. Go talk to him, apologize, fix his lawn, give him some firewood, use the opportunity to make a naysayer a client. If you live in a small town and want to do business in that town, court is not good advertising. That "******* on the corner" will be great advertising when he tells everyone that you took care of him, sometimes it doesnt take alot to scratch an itch.

hey really, I've been there before. I am talking from experience.

 

[PTS]

Last night got a chance to sit down with my friend the City Engineer who's responsible for overseeing survey and all city projects. He said that earlier in the day the city manager gave him a call to make sure they gave us the correct information and indeed they did.

We were taking the tree out because it was causing major sewer problems and another company was coming in to re-do the sewer. However the tree needed to be removed and ground prior to them doing the work. Someone mentioned that this may be only for utilities. It still is an alleyway that is unpaved and ungraveled but under that example of utilities only we fit the criteria in this situation also. The city put the sewer down the middle of the easement and this gentleman's tree was causing problems with the connection of his sewer line to the main line. Therefore he is responsible to fix the problem.

So according to our lawyer and the city engineer we are Double in the right.

 

[Ekka]

Hood for you.

Personally I would never ever settle for anything other than what is right.

In this case you are right, double right.

Get documentation verifying what you have just said from city and hammer the living chit out of this idiot in court.

Then his name will be chit in court and any more fraudulent cases brought forward will be frowned upon.

Ha, atleast around these parts people just get in a verbal fight and I've never heard of one case where some-one was sued for using an easement.

But yes, always check with the neighbours personally, I think many have been caught out like that.

 

[John Paul Sanborn]

Get documentation verifying what you have just said from city and hammer the living chit out of this idiot in court.

Track the lost time, then see if your lawyer can go after him for "loss of buisness/wages" or however it's phrased. Court costs, councel fees.....

As to crossing property lines, I allways ask for something in writing, sigend by the property owner. Verbal is not enough, especially if it's the client who gets the verbal agreement :wink: "Well i thought my wife did it!"

 

[BlueRidgeMark]

Someone mentioned that this may be only for utilities. It still is an alleyway that is unpaved and ungraveled

Doesn't matter what it looks like, what matters is who owns it and who has the legal right to go there.

but under that example of utilities only we fit the criteria in this situation also. The city put the sewer down the middle of the easement and this gentleman's tree was causing problems with the connection of his sewer line to the main line. Therefore he is responsible to fix the problem.

Therefore you have access to fix the utility problem. Okay, so you're in under the utility umbrella, which is reasonable. Should be good enough for a judge. IF you have something in writing.

Just don't assume that EVERY easement is the same.

Of course, that only takes care of any trespassing issues. The easement doesn't give the right to damage property. But you DIDN'T, so here's where the camera comes in. You go into court with pictures of a nice, undamaged lawn, and he comes in with his mouth running. Should be a slam dunk.

 

[oldugly]

Seems to me you have your bases covered pretty well, but just some thoughts:

a. Definitely countersue for much more than the original suit, if it doesn't scare him out of court, at least you have the opportunity to revisit the case and possibly in front of a more favorable judge, and it ups the stakes for the guy who is suing you, now instead of having to prove his case once, he has to prove it twice. In a 50/50 tie, he loses. If he wins the suit, and you the counter suit, he loses money.

b. In counter suit, file for punitive damages for a frivolus suit, and public defamation of character, which given your prior profession has already been exampled as definable attribute to your identity, and loss of such would be much more than a monetary settlement.

c. In my dealings with city workers, city councils, and city cops...well the brotherhood of coworkers runs deep.,,,However, when the county gets involved there are issues sometimes that involve much more than you on the stand, and the judge could be set against you before you even enter the courtroom. That said, I still think you got a great case.

Most of these cases are just people that want the world to think they have some supreme power over others, and like any other type of bully cry like babies when they get confronted with their own medicine. Go back at him for everything he wants from you times ten, up the anty so he has to prove his case or lose big time, then let the dice roll. I would bet you 5 dollars here, (if it were of course legal) he'll fold up his case long before it ever sees court. (But if it were me I would continue with countersuit even if he withdraws his original, but reduce it for lost time, lawyers fees, and stress.)

Just some thoughts from a bitter old man.

 

[PTS]

Just thought I would give you an update. We got all of the legal paperwork showing this to be both a easement usable by all and and easement for utilities to be run there. The person filling the suit has been made aware of the paperwork by my co-defendant showing that he is indeed wrong and he still insists that he will see us in court. I am waiting to see when the date is going to be.

 

[SmokinDodge]

Set the :censored: knuckle head straight in court! Sounds like you've got all your homework done, I wish you the best of luck. These kinds of situations really get me going. We had a similar situation not to long when we cutting hedge post. My father's friend from Highschool had a farm property he was getting ready to sell and Dad got a deal to cut post on the shares. It was a beautiful hedge row about a quarter mile long with all the post we would need.

The first day of cutting we met the neighbor, "Walter" from the house 50 feet from the line we had started cutting on. He was terribly concerned we were going to cut down all "his" shade and wind brake which were not on his property. I told him no problem, we'll leave some of the nice ones. I'm an easy going guy and I understood his position. It didn't set well with him I guess he then he proceeded to point out all the trees that were really "his" anyway. Halfway through that he changes his mind says just leave all the trees along the yard here that will work. :bang: Of course that section had the best post in it I've ever seen. The landowner we are cutting on is two hours away so he isn't much help right then.

Later that afternoon we get to meet the brother inlaw of "Walter". They live in the middle of no where and it's a commune with about seven family houses scattered around. "Jack" flies up to where we are cutting, slides the truck to a stop, all four feet of him jump out and scream " Just what the fook do you think you're doing?" Not a nice way to introduce yourself to a drippin wet with sweat 6' 230 pound guy holding an axe. He procedes to tell us we are tresspassing by using the road, have no right to be there, does the land owner know about this ,blah blah blah. Aparently he freelances as a lawyer and surveyor on the weekends. Dad asks him to point out right where the property line runs. That shuts him up quick, as all he can say is "I really don't know." We load up and leave for the day.

Next day when we show up there is a 8' by 10' sign by the highway saying private drive no tresspasing. It was nice of them to put the sign up so we wouldn't be bothered while working.

Something none of these jackasses knew was my Dad was the real estate agent that sold this property to the current owner 27 years ago and the property line runs right down the middle of "their" private drive. None of the trees are theirs, despite how much they want them to be. It was very hard not to cut every damn one of those trees, but I had told the man I would leave him some. It still peeses me off just thinking about this whole mess.

 

[LightningLoader]

Something none of these jackasses knew was my Dad was the real estate agent that sold this property to the current owner 27 years ago and the property line runs right down the middle of "their" private drive. None of the trees are theirs, despite how much they want them to be. It was very hard not to cut every damn one of those trees, but I had told the man I would leave him some. It still peeses me off just thinking about this whole mess.

this makes me smile.

 

[SmokinDodge]

this makes me smile.

Glad ya got a kick out of it. It's been long enough now I can laugh about it. :hmm3grin2orange:

 

[M.D. Vaden]

I had a friend that worked with media > television and radio. He said it was a bit of a wildcat sometimes, not knowing which way it would attack.

But if you are 100% in the clear, take the story to the TV. If they don't turn on you, it will make a hilarious story, embarrass the neighbor, and give you free advertising.

Try the unexpected: be aggressive.

You might have read about the lady (in forums here) who threatened to press charges because she thought I swiped her contract copy and changed it, and shorted her. Said she was going to go to the DA and press charges.

So I didn't argue. I said, "let's go now, what are we waiting for? Let's go immediately and make this charge pressing procedure go as quickly and efficiently as possible".

I didn't agree with her, but did take an offensive position that took her off-gaurd entirely.

 

[Doctor Dave]

I shouldn't have checked this thread out---reminds me of some ruts I was involved in---on the other side. I hired a tree guy for a big client, and orally stipulated several things, including that I would supervise the work, at least at the beginning. He showed up without me and drove his lift truck all over a formal lawn. Long story short, I had to hand lift about 150 yards of ruts, put a little dirt under them, stamp 'em back down, scatter dirt in the cuts, and water. Took about 20 hours at no pay---how was I gonna get the $500 out of him after I fired him and hired a landscaper to do it? So I did it myself, and chalked it up to experience.

:bang: :bang:

Now I get big jobs in writing, always. I've also found a tree guy I can trust, and we refer back and forth. I'm a consultant, specializing in hazard tree/health assessment, and climb to diagnose disease/insects/mechanical problems, as well as some small pruning/removal jobs. I'm pretty good with a shovel.

 

[M.D. Vaden]

The last reply reminds me of a window cleaning company in Portland area. The owner expected the best out of employees, and didn't like to leave damage. Everything got fixed if something happened.

One of his employees drove the lift off the hardtop walk onto the turf.

At least the soil was pliable.

He hired me to fix the ruts. I pushed a pitchfork with cast tines down into the soil and fluffed it back up by prying with the fork.

 

[elmnut]

when someone asks for a reference it is best to have them call on a person who has been wronged by your company, as long as you quickly take care of complaints. For a person to say you made a mess, and then cleaned it up without a fight, that is who I want working on my property! Not the guy who would not eat crow and rent a slit seeder for 35.00. Word of mouth, do something bad 20 people know, do something good no one knows. Screw up and fix it and you will gain a client for life!
In my heart though I belive the guy is wrong and should take a jump for himself, that is not how the service industry works. Under promise, over deliver, works every time.

 

[John Paul Sanborn]

I pushed a pitchfork with cast tines down into the soil and fluffed it back up by prying with the fork.

One of my clients does that on every job, no matter how small the divot.

My trick is to go into a wild area or under shrubs for a few scoops of dirt to put under the sod clumps.

I've spade cut a sod from other areas of the yard a few tiems too, like when the groundy does not run the line right and lets the butt scrape acros 5 feet of turf

 

[SRT-Tech]

^ I went one step further on a small tree takedown over a newly rolled turf lawn...i got permission from the owner to roll up a section of the turf, drop the tree, clean up the debris and then i rolled the lawn back on and sprinkled it with water. Could'nt even tell a tree was gone. Owner happy, i was happy (got a nice cedar tree for kindling).

 

[PTS]

Today is the big day!!!

Court is this morning. I am hoping the judge will let it continue as I have a small problem. I was helping my parents three weeks ago build a barn and was two feet off ground went to step down to ground over a water spicket, didn't step far enough got a six inch gash two inch wide and two inch deep where the sun don't shine right down the middle which wound me up in emergency surgery and in intensive care unit for a week. So I can't sit yet so I am hoping she will make an exception because court rule require me to sit through the court case. So I will let you know how it goes.

 

[Jumper]

Ouch and good luck.

 

[spacemule]

got a six inch gash two inch wide and two inch deep where the sun don't shine right down the middle

That's supposed to be there. :hmm3grin2orange:

 

[LightningLoader]

Man, that sucks. Hang in there, and good luck.