Should a settle or continue to fight prescriptive easement (opinion) Arkansas

[johnandrewjustice]

My neibhor is using a driveway that served an old house on my property (got through a tax sale) that extends across and to his property. They are going for an easement by prescription but I don't believe they have any claim of adverse and hostile use. I have personally used the drive as well and considered it free to use.

Even worse, they want me to pay their legal fees for them to sue me to get the easement!

My pro se response is long, but in a way a bit funny, so I hope you will read it.

I put all the files here for review.
[link removed]

Any chance someone who has experience will look at them briefly and see if I should settle or might win?

 

[Zigner]

There is no way we could do anything but make wild guesses. The decision to settle or continue is yours to make. Speak to a local attorney who can review all of the facts of the matter for additional guidance.

 

[Just Blue]

There is no way we could do anything but make wild guesses. The decision to settle or continue is yours to make. Speak to a local attorney who can review all of the facts of the matter for additional guidance.

What happened to the opening post?

 

[Zigner]

What happened to the opening post?

I reported it due to the link(s) that were included.

 

[johnandrewjustice]

I reported it due to the link(s) that were included.

[link removed]

Why would you report my link? It is just to a place where I scanned the files for the lawsuit. You don't have to make wild guesses if you look at their motion and my response and have experience enough to see that they meet (or don't) the requirements for a prescriptive easement.

 

[Zigner]

Links such as you posted are not allowed on this forum. If you need someone to review your documents then you should speak to a local attorney.

 

[quincy]

If you are the Andy of the link provided, the link will be removed to protect your anonymity.

In addition, no one on this forum can review and analyze documents for a poster. That gets into the practice of law. For that you need an attorney licensed to practice in your own jurisdiction.

 

[johnandrewjustice]

It is publically filed court papers... there is no anonymity required. Also I don't want legal advice, just a personal opinion based on the case presented so far.... I.e. did I do enough of a job "pro se" or gross failure

 

[johnandrewjustice]

Maybe a better poll... would you take the case or not as the question is viable?

 

[Zigner]

Maybe a better poll... would you take the case or not as the question is viable?

The majority of posters here are not attorneys.
You really need to talk to an attorney (who forms an attorney client relationship with you).

 

[quincy]

It is publically filed court papers... there is no anonymity required. Also I don't want legal advice, just a personal opinion based on the case presented so far.... I.e. did I do enough of a job "pro se" or gross failure

Unfortunately, that type of document review and analysis falls outside the scope of this forum. Sorry, Andy.

Whether to settle a case instead of taking it to trial is a personal choice that will be based on an assortment of factors, including risk (the known versus the unknown).

 

[Just Blue]

It is publically filed court papers... there is no anonymity required. Also I don't want legal advice, just a personal opinion based on the case presented so far.... I.e. did I do enough of a job "pro se" or gross failure

That legal advice. Take your doc's to an attorney for a review...

 

[quincy]

As a note, reposting your question and link in a new thread will not change the responses you are receiving. The responses you are receiving are based on forum policy. All reposting will do is get the new thread reported and removed as a duplicate.

If you are worried that your attempt at handling your case pro se might be a "gross failure," you could look for a legal aid clinic in your area that will do a free analysis for you and offer advice on how to improve your documents and your case to better your chances of being successful.

Good luck.