Breach of settlement agreement

[sjeakins]

What is the name of your state (only U.S. law)? Virginia
About 9 months ago a neighbor and I entered into a settlement agreement in which the neighbor agrees not to install any obstructions into the ROW. He has subsequently installed a fence and some boulders into the ROW. My questions are these:
1. What is the statute of limitations?
2. Can you point me to some filings to give me directions on the wording of the pleading?
3. Particularly, I am interested in having the original action restored. It involves an illegal easement granted by the other party that I would like to ask the Court to vacate.

Mostly I need direction on how to word the complaint (I presume the cause of action is "Breach of Settlement Agreement."

Thanks

 

[HomeGuru]

What is the name of your state (only U.S. law)? Virginia
About 9 months ago a neighbor and I entered into a settlement agreement in which the neighbor agrees not to install any obstructions into the ROW. He has subsequently installed a fence and some boulders into the ROW. My questions are these:
1. What is the statute of limitations?
2. Can you point me to some filings to give me directions on the wording of the pleading?
3. Particularly, I am interested in having the original action restored. It involves an illegal easement granted by the other party that I would like to ask the Court to vacate.

Mostly I need direction on how to word the complaint (I presume the cause of action is "Breach of Settlement Agreement."

Thanks

**A: stop playing attorney and get yourself a real one.

 

[154NH773]

**A: stop playing attorney and get yourself a real one.

Come on... this is a Forum for advice to people who may want to investigate the legal means to solve a problem. Many of them may be capable of acting as their own attorney.

That being said, if you don't have the expertise or time to research the legal system, then you are better off with an attorney.
Your post is somewhat confusing, as you talk about a ROW, and then an easement, which seem to be two separate things. There is also a "settlement agreement" that may mean you've been to court on this before.
So; what statute of limitations are you talking about, what do you want as relief, and what does the "illegal easement" have to do with the relief, presumably from the blocking of the ROW?

I'm not a lawyer, but I've played one successfully... Just remember, the law is a club, and if you're not a lawyer, then you're not a member.

 

[Mass_Shyster]

This depends on the disposition of the previous action, and whether the settlement agreement was signed off by the judge.

It may be a simple breach of contract, where your recourse would be an injunction enjoining the other party from building fences.

 

[HomeGuru]

Come on... this is a Forum for advice to people who may want to investigate the legal means to solve a problem. Many of them may be capable of acting as their own attorney.

**A: you have not been on this site long enough to know that most users of this site are not capable of acting as their attorney. Simply read about 25,000 threads and discover for yourself. Albeit a few may have the skills, knowledge and expertise, but that is a small minority and a far cry from "many"

 

[154NH773]

you have not been on this site long enough to know that most users of this site are not capable of acting as their attorney

**
Answer to HomeGuru:
I always try to give the benefit of the doubt, but I'll defer to your statement as probably being true. Actually, many of the lawyers I've been up against weren't capable of being attorneys either.

I just like to see the questions opened up a little more than a curt answer. I think that the discussion helps all of us that peruse the Forum, even if it really doesn't help the OP actually litigate his/her own case. In fact, I've enjoyed reading many of your more in-depth answers.