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Resolved Question: Best 1st fishing pole for my husband?
My husband is 27 years old, never fished before, but really wants to learn. What is a good starter/1st fishing pole for him to use? We live near a small lake and we have a pond on our property that has bass and sunfish in it. There are lake trout in the lake near us… Any suggestions on what he needs to start off?? Nothing TOO extreme, in case he hates it, but I don’t want a real cheap one that is a pain and will make him hate it.
Voting Question: What’s your opinion? Is this Perjury and a belligerent attempt to mislead the court?
Please read below for more detials
I recently ended in court to protect a deeded right to ingress and egress to a 10’-0” wide access road that runs from the main road to a lake. Before we went to court the owner of the property the access is on erected a fence and gate on the access.
Access owners Stance 1st Hearing
1)The Access they deeded to me in 1995 went straight over the bank into air and no longer exists.
a)Enter evidence (Deeds) to support their claim
b)Entered into evidence a picture from 1984 showing a small path as the access.
c)They testified that the road that exists now they constructed at a later date to allow them to get appliances to the cottage.
d)Testified that they have parked a car there for over 20+ years therefore they proved adverse possession.
e)Testified that I did ask them not to park in the access
My Stance 1st Hearing
1)I have a clearly state deed to the access. This deeded access was granted to the 2 previous owners of my property. And reaffirmed in 1995 to me with a quick claim deed.
a)Entered deed into evidence
b)Entered a picture of the access from 1994 to show access was present at that time.
c)Testified I requested they quit parking in the access several times.
The Judge’s decision
The Judge ruled against adverse possossion
The Judge stated that their stance that my access no longer existed was simply incredible and ordered that I have the right to the access.
The Judge also ruled they could park a car in the access as long as they were home and they had to move their car within 15 min of my request.
The Judge ordered them to remove the gate and fence.
The Judges ruling did not come until a month after the hearing. In the meantime the neighbors started plowing onto my property to allow them more room to park. We requested they stop. The next thing the neighbor’s attorney requested a meeting with the Judge for clarification of his intent of ruling. Because if the cannot plow my property they have a problem with that and are going to appeal. In the meeting with the Judge he stated his intent was to give both parties free and clear access from the road to the lake. (must have forgot that a car parked in the access is not free and clear). The Judge also stated if the neighbors had to go onto my property 1-2 feet so be it. The Judge said he was open to another hearing to clear this up.
2nd hearing
The attorney for the neighbors now wants to enter into evidence without offering to my counsel for discovery a deed from 1966 and a survey. With the intension that the access was at one time located on the property I now own and the right to use this access was granted to them in this deed. The survey helped to show the location of the access.
Access owners Stance 2nd Hearing
2) Now they have a 1966 deed and survey that they say shows the access was once on the property now owned by me and that deed states they have a right to use my property?
a)Now the access does not go over the bank in fact it was once part of the original property before the neighbors divided off my parcel.
b) Now the survey shows the location of the boat house and its shape. It also shows why my property was divided as irregular and not square. Because the eastern boundary line of my property was the western edge of the access as stated in my deed.
c) Now they testify that the access was topped with railroad ties and
went to the west side of the boat house.
d) They testify they widened the access when they installed the railroad ties for shoring
e) They testify that the bend (dog leg) are in the same place when
looking at a picture from 1994 compared to a picture from 2000.
I also noticed during the hearing the neighbors were able to go thru an assortment of pictures and present them as evidence without presenting them to us as discovery. The Sons Wife who was seated in the Gallery handed the pictures to the Son and Attorney to view right at the table they were sitting at in the court room. They choose the ones the wanted and handed back the others.
Now I am not an attorney however this seems very inappropriate. I feel the Judge should not have allowed the activity in his court room.
Should the judge allowed them to park in the access?
Would this new evidence and testimony by the neighbors at the 2nd Hearing be considered Perjury and a belligerent attempt to mislead the court?
Should the Judge have allowed, condoned, or accepted this behavior in his court room?
Shouldn’t the Trail have been ended right there with a full ruling in my favor?
Do I have a good case to be awarded my attorney fees paid?
Well that didn’t happen. Instead we were ordered to have property surveyed and then have another hearing.
Resolved Question: Real estate Legal advice?
I agreed on a purchase price for a home for $500,000.00. I had a home for sale for the same price. I was wanting to wait to move into the new home after I sold my house. The owner was adamant I moved into the new home in April 1, 2008. We agreed on a price of $10,000.00 a month which I started paying in December of 2007, and have every month since. So I have paid $100,000.00. I went to his lawyers office which is in the same office as my lawyer. I asked my lawyer if it was ok to sign the Buy Sell agreement. He said it was a basic agreement. I knew I had to get financing by 12/15/08, or I would lose my money paid toward the purchase of the new house minus some Interest. The seller moved out of his house and left everything but their personal photos. The seller is regarded as a multimillionaire. I thought it odd he and his wife would move out and leave everything and move into a 14′x60′ mobil home! The agreement listed in the Buy Sell agreement the purchase price of the furniture for $20,000.00. He was insistent we move into his home on April 1, 2008. We did. A few months later the sheriffs office started attempting to deliver papers to the Seller. They left a set of papers with my wife for us to deliver to the Seller. I couldn’t help but read this suit. It was for the sum of almost $500,000.00 for a personal guarantee they made on a loan with a major US bank. I called my lawyer, he told me to return the papers to the sherriffs office. The next day, the sherrifs office came back to my home to drop off more papers. I returned the papers to the sherrif. The officer replied they had several more to serve to the Sellor and his wife. I hired a lawyer to investigate this situation. It was found Sellor was being sued for about $1,000,000.00. The house I am paying $10,000.00 a month on also had up to a $50,000,000.00 attachment for a real estate deal he was doing on condo construction. He denied he was being served papers. He said they were someone elses. I saw the paper. They were his!
Since, Sellors sister told me Sellors condos have a huge note on them, and the loan has been called. Sellors sister was concerned because her father built a new home and the same Sellor of my home, still owns the land fathers house is built on. Sister went to court house and said all of the property my new house, and her fathers house is on is tied up with the called note. I also found out he has a Line of Credit of $350,000.00 tied up in my home also. Sister found out Sellor has been taking $10,000.00 out of fathers account, as he has POA.
Sellor has started building a new home, but construction has stopped with bricks 4′ high. So I knew something was wrong with his finances.
He has been urging, even calling banks and setting up appointments for me to go and try to get financing on the home Sellor owns. I cant get financing on this home, because I havn’t been able to sell my house.
I am in the process of moving out, as Sellor has put everything he has up for sale. Sellor called me and told me I can move out, but this house is mine. I would have to keep making the $10,000.00 payments however until I sell Sellors house. I am out $100,000.00.
My lawyer and I met today, and he said the Buy Sell contract I signed didn’t have the usual terms in it to give me an out if I couldn’t get financing. The lawyer didn’t see this and didn’t advise me it needed to be in the contract before I signed it. Sellor is saying he will sue me for Specific Performance.
I have moved out the furniture from Sellors house, as the 1st two payments went to purchase of the furniture.
I also had a banker who was wanting to finance Sellor’s house for me, but it was found the 20′ of lake front was retained by Sellor. My banker informed me he couldn’t finance the property because the property had to go to the lakes edge.Seller told me I had a nice boat landing on the water. He didn’t say I could use it, that it was his!
What are my options if any except pay for the Sellors house? My lawyer told me I can’t list the home because I don’t own it.
Do I have any other options? Any Recommendations?
Thank you all very much.
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