Hi my husband and i have been living in our house for 10+ years. We have just recently found out that our shed has been on our neighbors property by an inch. We found out by her suddenly suing us for 10,000 dollars. We tried to buy the inch off of her but she wont sell it. I mean the shed it only about 10 by 10 feet. Also, she said if we pay for a survey and move the shed she would call off the lawsuit. We did but she continued to sue. What should we do?
2007-07-16 09:52:46 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am sure her lawsuit will be thrown out. Get a lawyer to contact her lawyer. That is silly!
2007-07-16 09:56:53 · answer #1 · answered by GreeneyedCowgirl 5 · 0⤊ 0⤋
Get a lawyer. Fast. When you get one and then you win, you'll more than likely get those attorney's fees back.
But just FYI:
If she offered to drop the suit (in writing) for certain conditions and then failed to do so after you adhered to those conditions, then you can counter-sue her for breach of contract and add a little ditty about her suing people for frivolous reasons, and maybe even harassment. At the least, you should have been notified and given a chance to rectify the situation before she filed a lawsuit for an outrageous sum of money.
And if you paid for a survey, you should have evidence that it's only on her property by an inch, right?
If she offered a settlement (by you getting a survey and her dropping the suit) then went back on it, you can argue in court that she is being unreasonable and filing frivolous suits.
But it sounds to me like it would just be easier to move the shed.
2007-07-16 10:01:43 · answer #2 · answered by Hillary 6 · 0⤊ 0⤋
If you have moved the shed and honestly did not know where the property line was for ten years, I don't think your neighbor has a case.
Go to court, tell them that you believed that your shed was on your property for ten years before the suit was brought and took action to remedy the situation after you discovered that your shed was actually on your neighbor's property by one inch by hiring a surveyor and moving the shed.
This is completely ridiculous and in my opinion a waste of any court's time. I would definitely consult an attorney to get more accurate and detailed advice.
2007-07-16 09:58:54 · answer #3 · answered by msi_cord 7 · 0⤊ 0⤋
Nothing she can do if you had a survey done and moved the shed. That's what you said you did and if you did it then she has no reason to sue you know.
Once your shed was moved I'm not sure what she is suing for.
2007-07-16 09:59:22 · answer #4 · answered by IG64 5 · 0⤊ 0⤋
You'll have to look it up for your state, but there is a such thing as an easement by implication which means if you have used the land for a certain period of time and she hasn't said anything you have her implied consent to use the land. If the easement doesn't apply I still don't feel she really has a case, you were on her property unintentionally and you have since moved it, but if she is wicked enough to take you to court there isn't much you can do but go. I wish you the best.
2007-07-16 10:10:46 · answer #5 · answered by Bubbles 2 · 0⤊ 0⤋
She just fooled you two into paying for the survey she needs to win her lawsuit. Now you have paid the money for the evidence that will make her case, assuming the survey shows that you are on her property.
Check out the laws on adverse possession in your state. Get a lawyer.
2007-07-16 09:58:13 · answer #6 · answered by Anonymous · 1⤊ 1⤋
If you moved the shed and are no longer occupying any of her land, she really has no basis to continue unless she has some provable damage (which is hard to conceive of). Unfortunately, you may have to defend in court to get there. Have you talked to an attorney? It may be worthwhile to do so.
2007-07-16 09:57:56 · answer #7 · answered by John W 3 · 0⤊ 0⤋
My neighbour's dog always escapes into the street My other neighbour's teen son always has rowdy parties and that family usually gets home @ 12. One owns a B&B We also used to have a neighbour that had alzheimers, so the alzheimers would make him do weird stuff.
2016-05-19 04:26:07 · answer #8 · answered by ? 3 · 0⤊ 0⤋
Move the shed.
If it is on her property, it is on her property. She has a right to have you move it. End of story.
2007-07-16 09:56:17 · answer #9 · answered by BR 6 · 3⤊ 0⤋
god its only an inch!!something is wrong with her
2007-07-16 09:56:19 · answer #10 · answered by Anonymous · 0⤊ 1⤋