What is the name of your state? North Carolina
OK... Here goes:
My Dad and I purchsed a piece of property a few years ago. The property has an easment for it and the neighboring property to use. Since neither my Dad or the neighbor needed to use the easment they verbally agreed to split it and Dad would run a fence and gate down the middle of it. I realize this verbal deal was dumb on Dad's part, though I was there and witness the conversation. Dad and the neighbor don't get along. The neighbor wanted to buy the property and couldn't so he resents Dad and I because of it.
I am on the deeed to this property and therefore legally involved though I have little to do with the day to day on the property.
About 5 months ago the neighbor took us to court saying we were blocking the easment with a fence and gate. We agreed to move the gate and fence back 15' out of the easment and were given 90 days to do it. My Dad had a stroke a few weeks before this and he is a little slow these days on physical stuff.
So, he moved the fence and all of the gate except a couple of posts which gave the neighbor plenty of room to use the easement foolishly thinking that the neighbor would be OK with that and he could move the rest as he had time/energy to do it.
On day 91 the neighbor and or his attorney filed a contempt of court. The clerk of court sent us a notice for a hearing on May 14. We assume its because of the posts still in the easement though the notice just said the hearing and the date/time and no details regarding it.
We have since removed the rest of the posts and reset the gate and fence back out of the easement.
I need to know what happens now? Since this should be civil contempt once the posts are gone which they now are that should end the contempt issue shouldn't it? Should I write a letter to the attorney/neighbor and judge requesting it be dropped? Can the judge fine or jail us? Do we need an attorney for this? Essentially I cannot afford to hire an attorney right now but can't afford to be fined or jailed either as I have a business and wife ad two kids to take care of...
I maybe should also menion that the neibors son is a bailiff (sp) in the court where the contempt is at. We are worried he might be bending the Judge's ear or something...
Please let me know some details...
THanks!
OK... Here goes:
My Dad and I purchsed a piece of property a few years ago. The property has an easment for it and the neighboring property to use. Since neither my Dad or the neighbor needed to use the easment they verbally agreed to split it and Dad would run a fence and gate down the middle of it. I realize this verbal deal was dumb on Dad's part, though I was there and witness the conversation. Dad and the neighbor don't get along. The neighbor wanted to buy the property and couldn't so he resents Dad and I because of it.
I am on the deeed to this property and therefore legally involved though I have little to do with the day to day on the property.
About 5 months ago the neighbor took us to court saying we were blocking the easment with a fence and gate. We agreed to move the gate and fence back 15' out of the easment and were given 90 days to do it. My Dad had a stroke a few weeks before this and he is a little slow these days on physical stuff.
So, he moved the fence and all of the gate except a couple of posts which gave the neighbor plenty of room to use the easement foolishly thinking that the neighbor would be OK with that and he could move the rest as he had time/energy to do it.
On day 91 the neighbor and or his attorney filed a contempt of court. The clerk of court sent us a notice for a hearing on May 14. We assume its because of the posts still in the easement though the notice just said the hearing and the date/time and no details regarding it.
We have since removed the rest of the posts and reset the gate and fence back out of the easement.
I need to know what happens now? Since this should be civil contempt once the posts are gone which they now are that should end the contempt issue shouldn't it? Should I write a letter to the attorney/neighbor and judge requesting it be dropped? Can the judge fine or jail us? Do we need an attorney for this? Essentially I cannot afford to hire an attorney right now but can't afford to be fined or jailed either as I have a business and wife ad two kids to take care of...
I maybe should also menion that the neibors son is a bailiff (sp) in the court where the contempt is at. We are worried he might be bending the Judge's ear or something...
Please let me know some details...
THanks!