North Carolina Easement Case

[lyndadel]

in NC - Plaintiff did not testify, her lawyer said my driveway which is not part of estate was cut by the estate to access the pacels created when estate was divided - would that not be trespass and destruction of property, can they claim the estate exec purposely cut a road on property not part of the estate to access it, sounds like they are benefitting from a crime -

[mudpie]

Maybe you should be asking "Your" lawyer. Did you?

[lyndadel]

the problem is I don't have a lawyer - I am out of work so I can't afford one - so I know they are running over me - so I have to hope I can put together an appeal or a motion to void with the appellate court - I really hate being poor - the easement will allow an entire neighborhood - including teenagers that live in a trailer with no parental supervision over my property - these kids shot one of my dogs - I am sure it wasn't deliberate -just drinking and playing with guns - so I have to try --- the drinking kids is why I wanted to stop allowing access - up until then they had permission to use the road - and the neighbors testified to that, but the judge didn't seem to hear that - also I would think the easement granting the electric company to bring elec. to their homes was proof enough of permissive use -but the judge didn't seem to hear that either --as an argument for void judgment I wanted to state that believing road was not put in for access by the estate exec. could not be used - because it would be convicting the exec of trespass and destruction of property - as well as allowing people to benefit from a crime without due process

[Mr. Knowitall]

Work through these possible sources of help.

If you want somebody here to try to explain the law to you, start by taking a deep breath then explaining the facts and present status of the case in a manner that's clear and understandable.

[lyndadel]

lost easement case, plaintiff gained implied easement on part, prescriptive easement on part, the easement goes to her property & that of 3 of the 6 parcels from an estate severance - 2 of the 6 parcel use the original access road - 1- has it's own road. plaintiff case states that my driveway was the intended access, and there was open & hostile use. My claim is that the property did not belong to the estate so to put in a road 600' would have been illegal. Plaintiff does not live on property, was too frail to testify, her lawyer claims yearly visit to enjoy county was open & hostile, as was access by owners of 2 of the other parcels. My claim is permissive use, and easement for electric proves they had permission, I also claim a yearly visit doesn't put anyone on notice. I own 1/2 road, easement is across entire road - owner of other half of road not a party to the case, so I claim no jurisdiction for easement, no due process. also claim no jurisdiction to find willful trespass and destruction of property by exec to put in road, and that no one should benefit from that act - hope this makes more sense, I did try all the pro bono and help and they don't help my kind of case, also note that owner of the other parcel testified that he asked and was granted permission, I had thought that would have been the end of the case since the plaintiff didn't testify - in NC permissive use is assumed - also our county doesn't allow easements, need 60' right of way with road maint. agreement filed, bought out in trial, as was fact of original road being used by 2 of the 6 parcels, I need to know if judge can accept the road was put in for access - since that would conclude there was trespass and destruction on property

[LandSurveyor]

lost easement case, plaintiff gained implied easement on part, prescriptive easement on part

So it is over. You have found out what the judge can do in your situation. What is the question at this point?

If you could not afford an attorney, how are you going to go to appeal on your theories? Understand that I am not trying to glib with my response.

You have a wide variety of statements and claims posted. Did you get these before the judge? Courts not only render judgments, but explain them in most cases. What was the explanation?

My claim is permissive use, and easement for electric proves they had permission

You are incorrect. An easement granted is not permissive use, and disproves your case.

sounds like they are benefitting from a crime -

I think that your theory that this all just some crime against you which should be sorted out in your favor by the sheriff, or the judge, is past. You have lost the case.

I am not an attorney of course and what I say is not legal advice. But it might be practical advice. If you own property but are unwilling to pay money to defend your rights, you may lose some or all of your property rights.

There have been a number of situations similar to yours which have been posted on this board, with the poster claiming an inability to afford an attorney. You say that you have tried the pro bono approach. Many attorneys will see you in a first visit at no charge and give you an opinion as to your prospects and a ballpark cost to proceed. I assume that you tried this with no response, or with a response not acceptable to you.

In civil cases, such as yours, courts are generally unconcerned as to your inability to afford legal counsel.

Understand that I am not weighing in here as to right or wrong. The opinions I have stated are intended as a caution to others who might be reading this thread. If you are sued in court for some or all of your property rights which exceed what you might have to pay an attorney to defend them, get an attorney to defend you asap.

[lyndadel]

first quote, it's over - so I need to appeal, or void - the second quote - permissive use, the easement was granted - however the permissive use came first and the Plaintiff's witness testified they asked and were granted permission, I am trying to void the judgment on grounds that the easement is on both my property and my neighbor's and he was not part of the case, as well as that the assertion my driveway was created by estate exec. which is silly - he didn't own the property - I had a lawyer but he wasn't a litigator so he arranged a meeting with another lawyer this was the Thursday before the case was heard on Monday - but lost my job & the litigator wanted $10,000 deposit which I didn't have it, so he deserted me - I called around and no lawyers want to help with the trial with only one day left -after losing the case I talked to another lawyer about a motion for a new trial and she told me that judges never admit they were wrong and it would be about $3000.00 for nothing - that cost me $834.00 -she found it difficult to believe that the judge gave an easement over my neighbor's property and he wasn't part of the case. please don't tell me I don't want to spend money - the first lawyer took $2500.00 - and the second $834.00 - and $1000.00 for the transcripts - also the second lawyer said appeals are very expensive and without a job I can't get a loan or remortgage - unless you want to lend me the money --- so what I hoping to find out is (1) can a court decision go against a person not party to the case - isn't this against "due process" which is 14th amendment as well as NC statute (2) if county zoning doesn't allow easements - isn't the easement 16' (8' mine & 8' neighbors) contrary to law (3) can evidence be allowed which would assume a law was broken (4) can you lend me the money to fight this, because it is worth it to me - also note if the case is void I can try an appeal on my own & even if I don't win - a void judgment can be reviewed at any time - so once I get a job - which I would think the economy must change sometime I can then hire a lawyer to to it correctly -

[LandSurveyor]

(1) can a court decision go against a person not party to the case - isn't this against "due process" which is 14th amendment as well as NC statute

The court can do what it wants.

(2) if county zoning doesn't allow easements - isn't the easement 16' (8' mine & 8' neighbors) contrary to law

I'm not aware of any county anywhere which does not allow easements.

(3) can evidence be allowed which would assume a law was broken

Sure. Why not?


As you have access to the internet, I'm surprised that you are considering going to appeal. It is not a new trial. You don't get to correct the mistakes you might have made initially. No new witnesses will be called, no new testimony will be given.

If you feel that you have spent money with attorneys who did not adequately provide services in the amount you paid to them, complain to them directly. If you feel they are non-responsive, complain to the bar association.

Finally, I'm not a lawyer and you aren't either. Unless someone comes up with the magic bullet you are looking for, it's time for you to accept things as they are and move on with your life.

[lyndadel]

well first - the county I live in Cabarrus County, NC doesn't allow easements, they will allow 'deeded right of way' that conforms to NCDOT standard, was 45' in 2007 it was changed to 60' width and must have a recorded road maintenance agreement, second - I find it hard to believe a court can do anything it wants, I really believe that it must follow the law, especially Federal & Constitutional rights - but I guess I will find out. As for the lawyers, my complaint about the lawyer is that it was so last minute - the first lawyer probably spent more hours than I paid him for - between the 'discovery' then the arbitration - I did some clerical work for him to try and make up the difference - he opened his own office recently and I was able to help him do some filing for Florida Insurance Board - he billed his client and that helped pay for some of the extra time he spent - if he had given me more notice I may have been able to find a lawyer like the second one who was willing to take payment - the court case would have been far less than the appeal and the down payment for the appeal is more than I can put together - I will definitely appeal - but I also want to understand my options for a void judgment - so you never answered the 4th question - are you willing to lend me the money --- can I assume from your silence the answer is no --- guess what --- you are not alone - the banks won't lend me money - not without a job, as for moving on I may very well have to sell and move - but I will keep trying until then - and hope the market changes a little so I don't get killed selling in a down market - it is what it is - but to suggest I just give it up is really silly especially when I know I am right - the testimony proved permissive use - the judge either didn't hear it or perhaps chose to ignore it -

[LandSurveyor]

Good points.

Run them past a court of appeals and let us know how it turns out for you.

We await the results.

See you then.

Good Luck!