A
America
Guest
RE: The State of WA [Real Estate Law]
My husband and I have filed a lawsuit against our neighbor for putting a fence through our easement on our circle driveway. He had a survey done some years ago that did not show an easement, but our attorney found records that does, indeed show that we have an easement both by prescription and my subdivision ('described in weird 70's lingo'). $1,100 into this we've debated on dropping the suit 'cause it's getting too expensive. A friend of mine said we could take this to small claims court and have it settled much quicker for much cheaper. Is this true? If so, how do we proceed (drop the suit then start a new suit at small claims?? Fire our attorney but transfer the case over to small claims?) when we've already signed a retainer with our lawyer's firm?
Thanks in advance,
America
My husband and I have filed a lawsuit against our neighbor for putting a fence through our easement on our circle driveway. He had a survey done some years ago that did not show an easement, but our attorney found records that does, indeed show that we have an easement both by prescription and my subdivision ('described in weird 70's lingo'). $1,100 into this we've debated on dropping the suit 'cause it's getting too expensive. A friend of mine said we could take this to small claims court and have it settled much quicker for much cheaper. Is this true? If so, how do we proceed (drop the suit then start a new suit at small claims?? Fire our attorney but transfer the case over to small claims?) when we've already signed a retainer with our lawyer's firm?
Thanks in advance,
America