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    1. J

      Novel Legal issue?

      LdiJ, We are really tired of you accusing our family of having ulterior motives. We’re done here. Thanks to everyone else for your help.
    2. J

      Novel Legal issue?

      We mentioned before that we we're thinking that a prescriptive easement holder has a quasi-ownership interest in the lot even though it isn't recorded. so that is something we can look at a little closer. a couple of affirmative defenses that came to mind are "wrong party", and "proximate...
    3. J

      Novel Legal issue?

      Taxing Matters, you're absolutely right. Nothing wrong with making a profit. I guess we wanted to re-state the more important part of the question we had. that is; As we anticipate receiving a civil complaint by the new owner of the lot, which would necessarily indicate that they were not...
    4. J

      Novel Legal issue?

      We just wanted to say how much we appreciate everyone taking the time to engage in this thread. We’d like to make a couple of other comments. Since the tree cutting became such an issue, we’d like to point out that; older mature trees around here almost always have about a dozen small stunted...
    5. J

      Novel Legal issue?

      quincy, Absolutely 1000% correct. Thank you!
    6. J

      Novel Legal issue?

      Taxing Matters, Thank you so much for your insightful post. You nailed it. We wanted to comment on how the foundations of California real estate law, is rooted in old English common law. It might seem politically incorrect these days to an urban dweller, that it is important to keep land...
    7. J

      Novel Legal issue?

      Thanks for the posts, everyone. This isn’t at all where we wanted to go with our question, but we’d like to address the tree issue first. LdiJ has proposed that easements which are granted by the owner, are completely different than those that are acquired by prescription. There is no basis...
    8. J

      Novel Legal issue?

      LdiJ, I wanted to sincerely thank you for your last few posts and replies. I showed them to a couple of family members, and they pointed out that, whether intended or not, you provided a platform for us to defend our past actions, not just legally, but on moral grounds. Your reaction to our...
    9. J

      Novel Legal issue?

      quincy, yes you are absolutely 100% right on with your assessment here. you nailed it. So that's why we we're here looking for input. Just trying to prepare for a possible future lawsuit. I think you're also correct about F needing to be the one to initiate an action against C,D, and E. We...
    10. J

      Novel Legal issue?

      LdiJ, Thank you for this reply. If I may, I’ll paste and comment. Just because something can be attached to property by agreement doesn't mean that everything that can be attached to property can be attached involuntarily through a prescriptive easement. That’s not what Cal civil code 801...
    11. J

      Novel Legal issue?

      Thanks LdiJ, and Zigner, We understand your concerns because those kinds of extensive rights are not common, but they are legal. A Portion of California Civil Code 801 This is what is listed in CA Civil Code 801. This is not a list of types of easements, but things that may become easements...
    12. J

      Novel Legal issue?

      LdiJ, Thank you for your excellent reply. I hope it is ok if I do as before, and paste and comment on what you’ve said. A is claiming a prescriptive easement but that hasn't been established in a court of law. I don't know if it would even be possible to try to claim it in a court of law...
    13. J

      Novel Legal issue?

      Quincy, we expected (F) to show up immediately after the sale and post signs, and start a fight, so we proactively went to explain the situation with the Sheriff. Now it’s been almost 2 years and no sign of (F). That’s why we are here, we think it’s only a matter of time. That said, I was...
    14. J

      Novel Legal issue?

      Yes quincy, that is our concern as well. No one on our side wants confrontation, especially a violent one. That is exactly why A+ sent certified letters to those involved in the sale, to try to insure that any buyer would be informed, and therefore either accept the property as is, or use...
    15. J

      Novel Legal issue?

      Quincy, Wow, thank you for your awesome reply. You got it close, but not quite right. I’ll paste and edit; One 20 acre unimproved parcel was originally purchased by A, adjacent to Lot 1 and Lot 2 which were owned by B but used by A+. (B purchased lots 1&2 and never returned during following...
    16. J

      Novel Legal issue?

      Taxing Matters, Thank you so much for your reply. I didn’t mention the Pro Se issue because I didn’t really want to go there. (A) has some successful litigation experience in Superior Court, feels confident, and is committed to representing himself in this case. I hope that it is ok if I go...
    17. J

      Novel Legal issue?

      Zigner, Thank you for your reply. In a sense its already real, we are just waiting for (F) to show up and start legal action. Its only a matter of time. We have been researching prescriptive easement law for years in anticipation, and intend to represent ourselves pro se. The nearest...
    18. J

      Novel Legal issue?

      I have what I believe could be a novel legal situation, and wish to receive input from anyone willing to comment on the situation, approach, possible avenues to pursue, and likely outcome. First, no legal action has been filed at this time, so I will be speculating about possible causes of...

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