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Easements

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Hazel40

Junior Member
What is the name of your state? NY

We were ready to go to trial to get neighbor to remove a fence in a common driveway with easements for garage intented be built in the rear of the property. I was ready to erect a garage if this was the only way to get her to remove the fence. The judge settled the case by me paying my neighbor $1000.00 to remove fence and extinguishing my easements. I have to add I was not there for this settlement which was my fault. My husband was there and for some rediculous reason agreed with this decision. He claims they were rushing him to make a decision it was 4:45 PM and a long weekend was ahead, when my husband called me and told me what they were doing I said no I don't agree with that settlement, the Judge did not want to make any changes and my lawyers were also telling me that if I refuse this settlement it would go to a referee and they might say that I abandoned my easements. I searched chain of titles and these easements were never opened. I feel the law was on my side because unopen easements can have fences until a demand comes to open the easement. I had wooden fences around my backyard and an above ground pool and the defendant's attorney were saying I abandonment the easement by doing this. Does anyone else feel that my attorneys did not have my best interest at heart. How can you agree to extinguish easements, valuable property rights and then pay the defendant to remove a fence she illegally erected in a common driveway. Is there anything I can do to reverse this decision and to my attorneys for not looking out for my property.
 


rowz

Member
It sounds like you left it for others to protect your interests and did not think it particularly important to attend the hearing. OOPS!:p

What did the lawyer you retained say about an appeal?
 

Hazel40

Junior Member
Can You Appeal

This was a stipulation settlement can you appeal that? I was wondering if I could have them amend the settlement due to the circumstances of being rushed and I wasn't there. Do you know if I can do that? I just can't believe that my attorney talked my husband into agreeing with this settlement.
 

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