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Monday, March 31, 2014

Litigation -how it started

In this series of posts i will tell how I represented myself in civil litigation and got my goal while adverse party which was represented by lawyer did not get what he wanted. In other words- if you want something done- do it yourself. There will be a lot of explanation of strategy in self represented litigation and points which should be avoided or used to prevail. it all started when our neighbor (R.U.) was reported by his previous neighbors his Code violation on erosion caused by animals to County Department in 2006. He had to remove animals from that area and restore vegetation there. When his neighbors move out he decided to do something to prevent such situation in the future. He did not want to care better for animals and prevent erosion but he wanted to have power over his new neighbors and there was a possibility for this. Because of lot line confusion which was going for few decades first owners of our house constructed parking lot in the manner that small part of it was on the neighbor's property, as it had been established by recent survey. and R.U. decided to put a fence not according the survey line but around this small parking lot leaving it on the neighbor's property. It would give him the tool to keep pressure on the neighbors if they will decide to report him as previous neighbors did. When we bought the house he said that he allow us use this part of parking lot and we of course did not understand his game at that time, because we did not the history of previous conflict. But soon, after he released his animals into the part of his yard which is adjoining our front yard and is near our windows- only 20 ft, we stated to understand in which bad situation we got. He did not want to care for animals- they were killing each other just in front of our eyes see dead baby goat photo. They were leaving piles of manure near the fence practically just under our windows, the soil start to move down to our property because R.U.'s property is on the slope above our property and animals again caused great erosion.R.U. did not want to do anything for it just was frightened us that if we will complain he will took this part of parking lot and because the parking lot is small and is on the slope as well we would lose the space for one car. But the condition with noise, dead animals, feces, dust etc were so bad that we had no choice but to report the problem to County administration. R.U. became so angry and right after inspector from County health department left he started to remove the fence in attempt to move it across the parking lot according the property line. We called the police and it stopped him. after that he attempted to move the fence a few more time, though he promised to police not to do so. and finally we had no choice but file to court and the story of this litigation I'll tell you . To be continued....