MIA Dock

[MIA Dock]

What is the name of your state? GA
In 1991 new NBrs bought unsurveyed property (RE agent told them they had 35' waterfront - they do ON paper, but taking property lines to lake (over green belt contolled by HOA) they only have 20 feet). Previous owner and I erected docks approved by HOA. 15 years, $11MM, three favorable court decisions and an arbitration later we came home to find our dock gone (we know they did it or had someone else do it). Have only circumstancial evidence and 11 years of court records to show NO ONE had anything to gain by having dock disappear. They are most likely hoping new setback rules calling for docks to be 10' from property lines will kick in so they can park the boat that has been in their driveway for years in space where our dock used to be. NBrs are violent, have harassed us for 15 years to where we couldn't take it any longer house is on market and are there 1-2 times a week now. Can't afford 2 years and $50MM for litigation. Will cost over $5M to rebuilt dock. Can we take them to Small Claims? They have threatened to burn our house down (on police records along with several other harassment reports). Where can we go from here, tired of being innocent, broke and terrorized by them. Living in fear of them burning house down, no where to turn.What is the name of your state?

 

[seniorjudge]

What is the name of your state? GA
In 1991 new NBrs bought unsurveyed property (RE agent told them they had 35' waterfront - they do ON paper, but taking property lines to lake (over green belt contolled by HOA) they only have 20 feet). Previous owner and I erected docks approved by HOA. 15 years, $11MM, three favorable court decisions and an arbitration later we came home to find our dock gone (we know they did it or had someone else do it). Have only circumstancial evidence and 11 years of court records to show NO ONE had anything to gain by having dock disappear. They are most likely hoping new setback rules calling for docks to be 10' from property lines will kick in so they can park the boat that has been in their driveway for years in space where our dock used to be. NBrs are violent, have harassed us for 15 years to where we couldn't take it any longer house is on market and are there 1-2 times a week now. Can't afford 2 years and $50MM for litigation. Will cost over $5M to rebuilt dock. Can we take them to Small Claims? They have threatened to burn our house down (on police records along with several other harassment reports). Where can we go from here, tired of being innocent, broke and terrorized by them. Living in fear of them burning house down, no where to turn.What is the name of your state?

Q: Can we take them to Small Claims?

A: Yes.


By the way, circumstantial evidence is the best evidence you can get. Ask Scott Peterson.

 

[MIA Dock]

What is the best approach and what do I need. Most of our original documents were discarded by a less than professional Arbitrator who did NOT notify us that he discarded files after 30 days. That experience soured us on arbitration as well as the fact we were "awarded" $$ from plaintiffs which we will never see. In a he said/she said case where does the 'weight' of the argument really lie? Speaking of lying, these nbrs are professional litigants, well versed in how the legal system works in the favor of them . They hate everyone and everybody and have no conscience and would look God in the eye and lie, and why not, they haven't worked in years and live very well at the expense of others.

 

[Proejo]

Just remember that when you sell you have to disclose the problems with neighbors and property line/dock dispute or you risk being sued by new buyer. Find a way to settle the issue once and for all, even if it means settling in his favor. At least you can then sell w/o having to bring up this issue.

 

[lwpat]

three favorable court decisions and an arbitration later we came home to find our dock gone (we know they did it or had someone else do it).

The first thing you should have done is to file a police report. This is a criminal matter and you will need a police report to use as a casualty loss on your tax return. Then you need to file a claim with your homeowners policy. Docks don't just disappear, they had to have had a contractor remove it. Canvass all the contractors in your area and your other neighbors to see if there were any witnesses.

I would certaintly sue for the value of the dock.

I would also seek a restraining order. It appears there is enough evidence for a judge to issue one.