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 09-01-2004, 23:08 Post: 95330
bvance

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 Neighbor easement problem

The bottom line the way I see it is, does the guy have the money to pay for damages you may ultimately win thru litigation? Probably not....that's probably the reason he isn't taking care of the easment in the first place.

You need to determine some way if he has the money to rectify this problem or you're just throwing your money away. Don't be fooled into thinking a judgement of any kind will do you any good if he doesn't have the money. A judgement will likely be junior to other perfected liens as in the mortgage holder. You would then need to buy out the first lien holder to gain ownership in order to sell the property to recover your judgement.....not likley a good solution. Or wait until he sells the property and hopefully collect if there's any equity.

Too many people believe litigation is the ulitmate solution. It rarely is. Money and the willingness to use it to solve the problem is. If he has niether, learn to live with it, otherwise you'll just be out more money and frustration and in the end the attorneys will win....they always do when it comes to litigation.






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