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Mobile Home Park Easements

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Mz Di

Guest
My mother lives in a 5 star mobile home park where she leases the property her home resides on. Her neighbor sued both her and the park because the park moved the property line between the two homes. The neighbors are continuing to harrass my mother and are literally flooding her out with their sprinler system (45 days now) and the park management is still not doing anything about it.

My mother is now out $40,000.00 in attorney fee's and had to pay the neighbor $5,000.00 for trespassing. There is a five foot easement between the two homes on property that neither my mother or the neighbor own, the park owns it. The neighbor also has a family living in the home with her (not relatives) for the last 7 years and our park rules and regulations state no sub-leasing. This neighbor has only stayed at her house 4 times in the last 45 days. Again, the park management is not doing anything about it.

Is there any recourse that my mother can take against the park for failing to honor the contract that she has with the park? The park management seems to be more concerned over her neighbor sueing them again then in enforcing any of the parks rules and regulations. The manager has even stated that if the neighbors friends that have been living her want to be placed on the lease (their names are currently not on the lease), then he will do that.

My mom got majorly screwed by the parks attorney, the judge and the neighbor. This whole situation started because my mother and eight other neighbors complained because the neighbor's dogs bark up to 8 hours a day. The dogs have now died of old age. The neighbor over heard my brothers and I talking about the amount of money my mother received after my father died and within three weeks, she filed the lawsuit against my mom. She told the park manager that she wants my mother "dead, burried and the hell out of the park."

My mother has not done anything wrong here. Both a court arbitrator and a mandatory settlement judge said "this case should never go to court" and they told the neighbor she would have an up hill battle proving her case. The judge granted her attorney a jury trial after he failed to pay for the jury within the alloted 25 day period before the trial was to begin. Then, the judge started pushing for the mobile home park to settle with the neighbor as there was no previous law that he (the judge) was aware of that dealt with leased land mobile home park easements and stated he was not going to be responsible for "creating new law." The mobile home park attorney went behind my mother's attorney's back (they were working together on the case) and settled. If my mother had continued with the trial on her own, it was going to cost an estimated $1,400.00 per day for court and attorney fee's. We were advised it would be cheaper to just pay the woman $5,000.00.

Now then, the 3 1/2 foot section of property involved has been maintained for the last 17 years by first the previous (and original) owners of my mom's home and then by my folks. The neighbor and the previous owner of her home have never maintained the property. The neighbor claimed she wanted the property "back" because she wanted to move her fence and enclose her patio. She already has an illegal (no permits) enclosed patio, which again, the park management never did anything about. The neighbor and her previous attorney lied on the witness stand. The neighbor and her attorney (according the park management) are sleeping together too. This woman is just plain evil and all she really wants is money and to financially break my mom.

If you suggest hiring another attorney, is there anyone you can recommend that works on contingency in our area? (Inland Empire area - Upland, CA 91786). Any assistance is GREATLY Appreciated. Thank you in advance for your time.
 



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