Litigation with out an attorney

What is the name of your state? Oregon

We are being sued by the new property owners next door. We have consulted with an attorney who advised that they do not have a case, but they are taking us to court and and suing for $40000.00 and an easement by prescription. Our attorney said that litigation will probably run $10,000 - $20,000. We do not have that kind of money. Where can I go to get information on filing the appropriate forms/responses etc. We have not yet been served but expect to be soon. This is all an easement issue.

This is all an easement issue.

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And ????

The mere fact that this is an easement issue is only the base. Without a LOT MORE facts, who knows what your issues are, what is the proper way to proceed or anything else about your 'case'?

Easement etc

I guess I was trying to be "brief"

The neighbors bought the property without looking into the actual property/easement lines vs the driveway which when we built our house we put through our property to our home. The driveway runs to their property line (for which we have an easement) and then continues on through our property to our home. Their property has no home on it, but the previous owner did put in a septic system. We allowed him to use our driveway for that, but told him that when he built he would need to utilitize his property for his driveway, not ours. He sold the property, the new owners were told that they could not utilize our property, must build their own driveway to their homesite. They ordered a mobil home, sold their home and called us and said "We are using your property for our driveway and that's the way it is." We at that point put up a cable to define the property line, he came and cut it into pieces, we called the sheriff, he was issued a trespassing/criminal mischief citation.

Bottom line, there is no easement for him by actual grant, prescription, necessity, adverse possession or otherwise. We have documenation for all of this. But as I stated , we do not have $20000.00 to defend our property rights. he on the other hand is a doctor with unlimited funds.

Thank you for your input.

My response:

So, what are you looking for from this site - - free representation, step-by-step instructions, or . . . ?

IAAL

Maybe a "How To" manual?

representation

Am I just being naive in thinking that I could possibly handle this on my own? Do we just throw in the towel and say take our land because you have money and we don't? Do attorney's ever work as 'consultants' (ie - I prepare the documents, pay an attorney to look them over and do all the filings myself?)

Gentlemen, this one is all yours

Re: representation

jejuje said:

Am I just being naive in thinking that I could possibly handle this on my own? Do we just throw in the towel and say take our land because you have money and we don't? Do attorney's ever work as 'consultants' (ie - I prepare the documents, pay an attorney to look them over and do all the filings myself?)

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My response:

Unless you are familiar with the concepts of law, and the litigation procedures for your State, and County, you won't be able to tackle this on your own.

Have you contacted your property insurance company? Have you contacted your mortgage company? Remember, both of these entities have an interest in your property, from an insurability aspect, and from an ownership aspect. One of them may take over the defense of the lawsuit.

Contact them now.

IAAL

And if they don't, hire your own real estate attorney.

thank you

Thank you for a response that was neither facetious nor snide.

Re: thank you

jejuje said:

Thank you for a response

**A: you are welcome.
******

that was neither facetious nor snide.

**A: that's unusual.

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Especially with the particular responders

And autoresponders.

Can this person sue the new neighbor for legal fees, and win?