Novel Legal issue?

[Bali Hai Again]

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 informed of the easements, we will eventually have 30 days to file an answer to the complaint. In that answer, we would include every affirmative defense known to man. But might it be possible to include fraud, either as an affirmative defense, or as part of a cross complaint in the answer. we realize that the fraud was not exactly targeting us, but in a way it was, by shifting the burden from C to F. we also realize that we have no out of pocket damages, but we think there may be an argument for collateral damages. a. an interesting side note is that if we did that, then the only local attorney (E) would become a defendant in the cross complaint alleging fraud against F and A+. If absolutely everyone here on the forum says no, no way, then we'll give it up, but we would love to do a deep dive on the possibility.

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 informed of the easements, we will eventually have 30 days to file an answer to the complaint. In that answer, we would include every affirmative defense known to man. But might it be possible to include fraud, either as an affirmative defense, or as part of a cross complaint in the answer. we realize that the fraud was not exactly targeting us, but in a way it was, by shifting the burden from C to F. we also realize that we have no out of pocket damages, but we think there may be an argument for collateral damages. even emotional distress, or something. an interesting side note is that if we did that, then the only local attorney (E) would become a defendant in the cross complaint alleging fraud against F and A+. If absolutely everyone here on the forum says no, no way, then we'll give it up, but we would love to do a deep dive on the possibility.

If you break down and cry, or something, do it on YOUR side of the property line.

 

[LdiJ]

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.

Must have hit a nerve!

 

[quincy]

... We’re done here. ...

Yes, I think we have covered your prescriptive easement questions about as well as they can be covered on a forum.

If a dispute over the claimed prescriptive easement does arise between A+ and F, I continue to recommend that A+ hire a California attorney well-versed in easement rights. Property disputes can get complicated (and nasty) - as the cases that have been cited for your benefit, and as the variety of responses you have received from forum members, clearly show.

Good luck.