My neighbor threatens to sue me

[ddollevoet]

My non-attorney opinion is that the neighbor doesn't really have any legal ground to stand on. He is just freaking out that he didn't see this issue when he evaluated the project on the front end. Short term money is expensive and it will only cost him more to refinance and hold the note longer because this little snafu will take time to work out. Time is money.

The worst thing he could do is try to sue. It will take up more time and money for him.

My suggestion. Call your title insurance company and tell them that your neighbor is threatening to sue you. They have attorneys that will handle it for you for free.

The neighbor will likey offer you a settlement in the near future, but you don't ultimately have to accept it. If you wnat to yank his chain, tell him you'd rather see how it works out in court. Or tell him that the amount offered is unacceptable.

I liked the lemonade idea too. Good luck.

[Oski]

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Depends on your state laws. In MA & RI, if the ingress has been used for over a certain amount of time without objection, that's "open and notorious use" and that creates an easment in and of itself.

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True: but, there are time limits required as well. However, your point is good ... there is a legitimate chance this guy can not only have a perpetual easment declared in his favor (without him having to pay you jack-[censored]) he may even have a claim for adverse possession which would give him the fee to that portion of the land.

Again, don't mess around, get an attorney.

[Oski]

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My suggestion. Call your title insurance company and tell them that your neighbor is threatening to sue you. They have attorneys that will handle it for you for free.



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I don't think you will get very far on a "hypothetical lawsuit." Its impractical (not to mention financially unsound) for the insurance company to set you up with an attorney every time a lawsuit is threatened.

[Drunk Bob]

Combine the advice of LALDAAS and Oski but have a shotgun instead of a tazer. [img]/images/graemlins/smile.gif[/img]

[Oski]

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Combine the advice of LALDAAS and Oski but have a shotgun instead of a tazer. [img]/images/graemlins/smile.gif[/img]

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Street justice is the most effective and cost-efficient. If you think the lemonade scenario will work, you might as well try it. Go ahead and set up some trip wires and claymores. When his legs get blown off, you can claim he was trespassing.

[RicktheRuler]

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if he has been passing through your land for long enough without you protesting, an easement can become implied.

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This is true. In addition, if he has been doing this for an extended period of time, I would assume he has a legitimate reason for doing so, in which case he may have a legitimate claim to an easment.

[ddollevoet]

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My suggestion. Call your title insurance company and tell them that your neighbor is threatening to sue you. They have attorneys that will handle it for you for free.



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I don't think you will get very far on a "hypothetical lawsuit." Its impractical (not to mention financially unsound) for the insurance company to set you up with an attorney every time a lawsuit is threatened.

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This is the very reason that ripdog shouldn't spend his own dime to get an attorney either.

All I am saying is that if he has title insurance, he is covered. He shouldn't lose any sleep over this.

[Drunk Bob]

It would work in Virginia don't know about CA. [img]/images/graemlins/grin.gif[/img]

[Patrick del Poker Grande]

Clearly the best possible outcome would be for this to be a long and protracted thing where you don't pay a dime because your insurance company pays for your lawyer, the guy loses his collateral properties, and you pick them up when they get auctioned off.

[ripdog]

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He flips out and threatens to sue if I don't sign by Monday.

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Yeah a lawsuit will make things run much faster.

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I laughed at him when he said that and asked him if he really thought that that would help him get through this.