Monday, October 4, 2010

YEAH, I MOSTLY WON!!!

Hey there, a lot of you have been wondering if my lawsuit against my horrid neighbor has gone anywhere…well I FINALLY rec’d a decision today and I won mostly what I was looking for. Some of you have already rec'd an email from me, for those that haven't heard the great news, my lawsuit against my witch of a neighbor is close to being fully over. I finally rec'd a decision from the judge.

1. The tree has to come down (actually the word used was removed, so I believe she has to dig up the roots as well).

2. The fence and any other plantings have to be lowered to 6’, no other plants or trees can be planted that will grow over 6’ tall
I was a bit disappointed that the fence doesn’t have to come down completely but it was more important that the tree does.

3. No vehicles are allowed to be on the southern portion of the lot I live on that would be done out of spite.

4. The boundary line as been decided that my surveyor is correct and not hers

5. The right of way “easement” is now defined and located, this one I’m disappointed about (but again glad the tree is coming down and she can’t have anything grow over 6'). The decision for the easement is that it is 8’ wide but unfortunately 7’ of it is on my property (putting it a foot away from fence) and only 1 foot on her property. This one I was very surprised about, because of the defininition of the easements in our deeds is ambiguous, the burden is supposed to fall on her and any available land she has is supposed to be used as part of the easement. So since he made it 8’ wide, 4’ of it should be on her property because she has that available and then only 4’ would have been on my property. I was hoping to be able to move my fence over making my yard 5’ bigger, which doesn’t seem a lot but actually is.

Anyway, I’m pleased with the outcome and glad it’s finally almost over. She has 90 days from 9/28/10 to remove the tree and lower the fence and trim any plantings over 6’.

She may appeal in which she has 42 days to do so from 9/28/10. Even if she does she will not win and the decision will be quick and I’ll have my view back next summer!

Ever since the lawsuit has started she hasn’t harrassed me to my face as I’m sure her lawyer highly advised her not to. I would just get the loud conversations that were meant for me to overhear. So now that she doesn’t have to behave, let the full harrassing re-commence…


Hope all is well with everyone!

1 comment:

Dawn said...

you poor thing. I very much dislike people like that. What is up with them. They surly don't love the Lord. God bless you. Hope all goes well.

My to do list...

*Become a Project Corner & Spotlight winner on the Cricut™ Chirp Newsletter (or at least a highlighted thread)
*Ongoing Memorial Journal for Morgan
*Scrapbook for my favorite moments at DisneyLand and DisneyWorld (my other obsession, big, big, big Mickey fan!)
*Scrapbook for my trip to Europe
*Scrapbook for the last two years of the kids for my DF's mom and one for his Dad.