Sued seller for breach of warranty deed and won

[tim7857]

What ist the name of your state? Tennessee is my location. Ive been involved in a lawsuit with a person who sold me property and then tried to put an illegal easement on my property. I sued and won. My fees total 9000$ Havent had the hearing for damages , lawyers fees, and the seller sold the property that was to be attached. How do i get a satisfactory solution in this matter?

 

[quincy]

Do you still have your attorney?

 

[Mass_Shyster]

I think if you google "American Rule", you're going to be disappointed.

 

[justalayman]

Something doesn’t make sense here. You state the seller attempted to assert an easement onto your property yet you go on to say the seller sold the property (presumably the section where the easement was to be located), to another party.


If the seller retained title to that section of property he would not be asserting an easement onto your property. If he didn’t retain ownership rights in that section, he couldn’t legally sell it to another party.

Can you explain the easement issue and selling “that” property to another party?

 

[Zigner]

Something doesn’t make sense here. You state the seller attempted to assert an easement onto your property yet you go on to say the seller sold the property (presumably the section where the easement was to be located), to another party.

I believe the OP is trying to say that the other party owned some property that the OP intended to "attach" based on winning the suit, but that property has now been sold.

 

[justalayman]

I believe the OP is trying to say that the other party owned some property that the OP intended to "attach" based on winning the suit, but that property has now been sold.

Then where does the easement come into play?

You also don’t attach property that is not part of the sale to an existing deed. Another deed would be executed transferring the property the op has “won”.

What isn’t clear is whether this other section of property was included in the sales agreement and due to that, should have been within the described property on the deed. Then, if it wasn’t on the deed or it was property the op understood was supposed to be part of the sale but never was.

I guess I’m not understanding what the basis for claiming this other section of land is at all.

Maybe if the op would explain things more completely it may make sense.

 

[quincy]

My understanding is different, based largely on the fact that tim was successful with his suit against the seller.

I understand tim to say he purchased property that did NOT have an easement and the seller tried to add an easement after the sale - perhaps to sell landlocked property behind the property tim purchased.

 

[justalayman]

I suppose but that doesn’t explain this (at least to me) adequately.

and the seller sold the property that was to be attached

Attached?

The only real use of the term attached I see likely would be expecting some other land to be attached to the ops.

Also, upon reread The original post I realized he said an “illegal” easement. Possibly a misuse of the term but that sure throws some odd ideas into the fray.

Maybe Tim will return and explain

 

[PayrollHRGuy]

I think he meant "the property he was going to place a lien on to get paid".

 

[LdiJ]

I think he meant "the property he was going to place a lien on to get paid".

I agree. Many people use the word "attached" when talking about placing a lien against something. As in "attaching a lien" rather than "placing a lien".

 

[justalayman]

I think he meant "the property he was going to place a lien on to get paid".

Why would he have any right to place a lien on unassociated property? To assert a lien op would have to have a judgment against the other party. Unless the judgment alllowed for a lien against all assets of the defendant, unassociated real estate could not have a lien attached. Real estate is one of the most difficult types of property to attach a lien to as such an attachment can cause a cloud within the title. Improper attachment can also be the basis for a slander of title claim by the owner of the property.

 

[Zigner]

Why would he have any right to place a lien on unassociated property? To assert a lien op would have to have a judgment against the other party. Unless the judgment alllowed for a lien against all assets of the defendant, unassociated real estate could not have a lien attached. Real estate is one of the most difficult types of property to attach a lien to as such an attachment can cause a cloud within the title. Improper attachment can also be the basis for a slander of title claim by the owner of the property.

http://tncourts.gov/rules/rules-civil-procedure/6907

(2) Judgment Lien. A judgment lien against the judgment debtor’s realty is created by registering a certified copy of the judgment in the register’s office of the county where the realty is located. Once a judgment lien is created by registration, it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk’s office and for any extension granted by the court pursuant to Rule 69.04. For the extension of the lien to be enforceable, the judgment creditor must register the court’s order extending the judgment.

 

[Zigner]

Oh, and this:

https://law.justia.com/codes/tennessee/2014/title-25/chapter-5/section-25-5-101/
(b) (1) Except as provided in subdivision (b)(2), judgments and decrees obtained from and after July 1, 1967, in any court of record and judgments in excess of five hundred dollars ($500) obtained from and after July 1, 1969, in any court of general sessions of this state shall be liens upon the debtor's land from the time a certified copy of the judgment or decree shall be registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees unless and until a certified copy of the same is registered as otherwise provided by law.

 

[justalayman]

http://tncourts.gov/rules/rules-civil-procedure/6907

(2) Judgment Lien. A judgment lien against the judgment debtor’s realty is created by registering a certified copy of the judgment in the register’s office of the county where the realty is located. Once a judgment lien is created by registration, it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk’s office and for any extension granted by the court pursuant to Rule 69.04. For the extension of the lien to be enforceable, the judgment creditor must register the court’s order extending the judgment.

Fair enough

I would have to guess the land is all the defendant owned then. If not, op can seek payment through other means.

 

[justalayman]

I think he meant "the property he was going to place a lien on to get paid".

As it stands, it’s not clear the op would receive any money judgment. He has listed nothing that would allow for a money judgment. It sounds more like it was simoly a declaratory or injunctive judgment removing the easement.