326Michelle
Junior Member
What is the name of your state (only U.S. law)? New Hampshire
i bought lake front property from my mother she never had it surveyed. there is a small strip of land between my property and my neighbors (a boat launch) and the owner of that strip moved makers and then hired her cousin a surveyor to record where he found markers. she tried to claim with that survey, that another neighbor's (this was the last of lots sold from her grandfathers land) house was built on her land and the surveyor was subsequently reprimanded.
she had hired at least 2 other surveyors to do search and finds and none of the surveys exactly match. i watched one of her surveyors find a dime sized flat piece of rust and he called that a marker. but her next surveyor did not find anything there nor did my surveyor and he testified that if there was indeed a rusted marker there once upon a time then more than just one small piece of rust would still remain; none was found and he found the ground to be undisturbed.
i had a septic installed and had to have a site survey done (this was not a recordable survey) after further harassment and even life threatening situations by them against me, i did hire a real surveyor. both of these surveys done agree with each other to the inch. at the time i hired my surveyor he sat on the board of surveyors and now is the head of that board. he did a fair survey that reflects my deeded measurements very closely. he used facts like the next lot over having parallel lines to my lot and the fact that my lot was the first lot to be sold from their original lot having senior rights and the second lot having junior rights. there was some ambiguity on wording along the shore that could leave one to think they pulled the string clinging to every rock, nook and cranny but this wasn't done on any other property sold (evidence my lawyer refused to bring forward) and if they did measure this way then it would throw the parallel lines off, on my property line, 2 other neighbors deeds are parallel to mine and 2 lines in-between as segments of lots were sold separately and in parallel with my lot. (i have 2 tracks and my neighbor has 3) this parallel line argument was brought to testimony.
she had a number of different lawyers write me threatening letters over the years. i sought legal advise and was told that i did not have to respond to bully letters. She finally found a real go getter to represent her and although no other lawyer would go so far as to bring this to trial, he did.
during his deposition my surveyor said he relied on testimony he received from the woman’s brother and according to his testimony her brother said he was there when his grandfather staked the pins. but her brother didn't tell me that, he told me he walked the grounds every year and re-measured the land to make sure markers hadn't moved. My lawyer refused to subpoena or even ask/invite her brother to testify even though i pleaded with him to do so. also we had an eye witness that saw her with a bucket of cement in one hand and an arm full of pipes in the other. at the trial she admitted to the cement, so my lawyer sent our star witness home without testifying so the judge didn't get the chance to see clear evidence that she lied on the stand by omission. she also lied on the stand and contradicted what she had admitted to a police officer, she pulled the cemented marker out of the ground claiming it was in the wrong spot. we called the police and she admitted she the pulled the marker. the police officer testified to that fact; but on the stand she claimed the pipe she pulled out was a different pipe and had no cement on it, she clearly said it was a metal pipe. the picture the policeman took showed the pipe in question and it had cement on it. She lied on the stand many more times but i wasn't allowed to call witnesses or testify myself. he wanted to let the surveyors fight the whole case. he felt that we had a winning hand i guess.
i myself was witness to her moving a marker on the other side of her boat launch, long before i knew i would purchase the land. the marker i watched her move, as it happens came out in court that in her cousins/surveyors field notes that particular marker was not found. and in court we showed it had cement on it. i wanted to show evidence that my neighbors measured line was now 8 feet longer than the deeded measurements, offering further proof of what i witnessed but my lawyer would not let me. Also one marker on my side of her boat launch was not found by her cousin. same one with the mysterious piece of rust. all evidence even though i wasn’t allowed to take the stand still offered beyond reasonable doubt that the deed is correct and matches the monuments as they stand now.
Ultimately it came down to my surveyor made one mistake in that her brother was not born at the time this lot was sold. And her lawyer actually taunted him and said “what’s the matter, couldn’t do the math? “ so the judge disregarded my Surveyors entire testimony. Even though my surveyor testified that this was not the reason he came to his findings . I am a victim here. Now I have to move my fence and buildings 10 feet off my deeded distance. it moves 10 feet in one location and 3 feet at lake front and grossly changes 3 different deeded measurements and i have no idea what to do with the deed now. this decision is more than unfair it is a terrible injustice. i have paid 15k already and he is asking that much more to go to the supreme court to appeal the judge’s decision; but he recommended not to do it as only 20% of cases are overturned because this judge is so respected. first of all we are poor and this has just about put us on the streets, paying lawyer fees instead of property tax's. Can i call this a Mistrial? 9 days left to file with supreme court and no money to spend. i would like the opportunity to testify and bring all the witnesses to the stand. i understand that will not happen if i appeal to the supreme court. do i have any recourse? the property is so small to begin with and she is literally getting away with grand theft of property. I don’t believe my lawyer had my best interest at heart. the trial was postponed twice before he even spoke to any of the witnesses. and that only happened because i insisted on it and shamed him by asking him why he hadn't done that much yet. then when he did finally speak to my witness we found out she had the pipes and cement in hand. i did not know the extent to what she saw before that day. i thought the movement i saw of the marker on my next door neighbors side was extremely relevant as the movement of that marker changed the distance between my marker and my neighbors marker,making it a shorter distance.
so this is civil and they brought the charges against me and i filed a counter claim. she asked for quiet title and damages. but gave up her right to a jury trial. when my lawyer sent me the copy of his findings of facts, i was unable to follow any logic as it only had see this line and see that line and no clear thoughts and no references to cases already decided. then i read the copy her attorney wrote and submitted and it was in plain English easy to read and understand. i felt as if my lawyer didn’t finish his home work and just sent in the notes. the judge gave judgment to her and then made the mistake of sending it to jury trial to decide damages. when we sent a request to reconsider (mind you this my lawyer wrote in clear English easy to follow and made points of law references) the judge would not reconsider his decision but made final judgment on damages..... no damages awarded.
i suppose that i will still find ways to enjoy my life and this will not kill me but it is not right. my faith in the legal system has been diminished greatly.
is it more of a wrong to quietly stand by and watch someone take what rightfully belongs to me and has been in my family since the early to mid 1980s'? in addition to all evidence shown there is a rock wall that is on the line for several feet beginning at waters edge that has been there since before my mother purchased the property and this was known as the line. according my surveyors findings it falls right on the line but now it will be 3 feet over and not on that rock line made by her grandfather.
I’m only touching the surface and not telling all the injustices that have occurred but I need to know is this enough for me to get a re-trial or is it too late?
i bought lake front property from my mother she never had it surveyed. there is a small strip of land between my property and my neighbors (a boat launch) and the owner of that strip moved makers and then hired her cousin a surveyor to record where he found markers. she tried to claim with that survey, that another neighbor's (this was the last of lots sold from her grandfathers land) house was built on her land and the surveyor was subsequently reprimanded.
she had hired at least 2 other surveyors to do search and finds and none of the surveys exactly match. i watched one of her surveyors find a dime sized flat piece of rust and he called that a marker. but her next surveyor did not find anything there nor did my surveyor and he testified that if there was indeed a rusted marker there once upon a time then more than just one small piece of rust would still remain; none was found and he found the ground to be undisturbed.
i had a septic installed and had to have a site survey done (this was not a recordable survey) after further harassment and even life threatening situations by them against me, i did hire a real surveyor. both of these surveys done agree with each other to the inch. at the time i hired my surveyor he sat on the board of surveyors and now is the head of that board. he did a fair survey that reflects my deeded measurements very closely. he used facts like the next lot over having parallel lines to my lot and the fact that my lot was the first lot to be sold from their original lot having senior rights and the second lot having junior rights. there was some ambiguity on wording along the shore that could leave one to think they pulled the string clinging to every rock, nook and cranny but this wasn't done on any other property sold (evidence my lawyer refused to bring forward) and if they did measure this way then it would throw the parallel lines off, on my property line, 2 other neighbors deeds are parallel to mine and 2 lines in-between as segments of lots were sold separately and in parallel with my lot. (i have 2 tracks and my neighbor has 3) this parallel line argument was brought to testimony.
she had a number of different lawyers write me threatening letters over the years. i sought legal advise and was told that i did not have to respond to bully letters. She finally found a real go getter to represent her and although no other lawyer would go so far as to bring this to trial, he did.
during his deposition my surveyor said he relied on testimony he received from the woman’s brother and according to his testimony her brother said he was there when his grandfather staked the pins. but her brother didn't tell me that, he told me he walked the grounds every year and re-measured the land to make sure markers hadn't moved. My lawyer refused to subpoena or even ask/invite her brother to testify even though i pleaded with him to do so. also we had an eye witness that saw her with a bucket of cement in one hand and an arm full of pipes in the other. at the trial she admitted to the cement, so my lawyer sent our star witness home without testifying so the judge didn't get the chance to see clear evidence that she lied on the stand by omission. she also lied on the stand and contradicted what she had admitted to a police officer, she pulled the cemented marker out of the ground claiming it was in the wrong spot. we called the police and she admitted she the pulled the marker. the police officer testified to that fact; but on the stand she claimed the pipe she pulled out was a different pipe and had no cement on it, she clearly said it was a metal pipe. the picture the policeman took showed the pipe in question and it had cement on it. She lied on the stand many more times but i wasn't allowed to call witnesses or testify myself. he wanted to let the surveyors fight the whole case. he felt that we had a winning hand i guess.
i myself was witness to her moving a marker on the other side of her boat launch, long before i knew i would purchase the land. the marker i watched her move, as it happens came out in court that in her cousins/surveyors field notes that particular marker was not found. and in court we showed it had cement on it. i wanted to show evidence that my neighbors measured line was now 8 feet longer than the deeded measurements, offering further proof of what i witnessed but my lawyer would not let me. Also one marker on my side of her boat launch was not found by her cousin. same one with the mysterious piece of rust. all evidence even though i wasn’t allowed to take the stand still offered beyond reasonable doubt that the deed is correct and matches the monuments as they stand now.
Ultimately it came down to my surveyor made one mistake in that her brother was not born at the time this lot was sold. And her lawyer actually taunted him and said “what’s the matter, couldn’t do the math? “ so the judge disregarded my Surveyors entire testimony. Even though my surveyor testified that this was not the reason he came to his findings . I am a victim here. Now I have to move my fence and buildings 10 feet off my deeded distance. it moves 10 feet in one location and 3 feet at lake front and grossly changes 3 different deeded measurements and i have no idea what to do with the deed now. this decision is more than unfair it is a terrible injustice. i have paid 15k already and he is asking that much more to go to the supreme court to appeal the judge’s decision; but he recommended not to do it as only 20% of cases are overturned because this judge is so respected. first of all we are poor and this has just about put us on the streets, paying lawyer fees instead of property tax's. Can i call this a Mistrial? 9 days left to file with supreme court and no money to spend. i would like the opportunity to testify and bring all the witnesses to the stand. i understand that will not happen if i appeal to the supreme court. do i have any recourse? the property is so small to begin with and she is literally getting away with grand theft of property. I don’t believe my lawyer had my best interest at heart. the trial was postponed twice before he even spoke to any of the witnesses. and that only happened because i insisted on it and shamed him by asking him why he hadn't done that much yet. then when he did finally speak to my witness we found out she had the pipes and cement in hand. i did not know the extent to what she saw before that day. i thought the movement i saw of the marker on my next door neighbors side was extremely relevant as the movement of that marker changed the distance between my marker and my neighbors marker,making it a shorter distance.
so this is civil and they brought the charges against me and i filed a counter claim. she asked for quiet title and damages. but gave up her right to a jury trial. when my lawyer sent me the copy of his findings of facts, i was unable to follow any logic as it only had see this line and see that line and no clear thoughts and no references to cases already decided. then i read the copy her attorney wrote and submitted and it was in plain English easy to read and understand. i felt as if my lawyer didn’t finish his home work and just sent in the notes. the judge gave judgment to her and then made the mistake of sending it to jury trial to decide damages. when we sent a request to reconsider (mind you this my lawyer wrote in clear English easy to follow and made points of law references) the judge would not reconsider his decision but made final judgment on damages..... no damages awarded.
i suppose that i will still find ways to enjoy my life and this will not kill me but it is not right. my faith in the legal system has been diminished greatly.
is it more of a wrong to quietly stand by and watch someone take what rightfully belongs to me and has been in my family since the early to mid 1980s'? in addition to all evidence shown there is a rock wall that is on the line for several feet beginning at waters edge that has been there since before my mother purchased the property and this was known as the line. according my surveyors findings it falls right on the line but now it will be 3 feet over and not on that rock line made by her grandfather.
I’m only touching the surface and not telling all the injustices that have occurred but I need to know is this enough for me to get a re-trial or is it too late?
