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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111601
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have a legal nightmare. I red a lawyer on a simple easment

Customer Question

I have a legal nightmare. I hired a lawyer on a simple easment claim. It was twisted by the opposing lawyer to become by appearance to be a different suit . I understood that the judge would follow the written law and also base on case law and supreme
court decisions. All say NO to the easment yet it was granted. I have filed at the supreme court an appeal. I have NO confidence in our system. If the court doesnt follow the law and uses wrong definitions as set by the state and fed govt. How can justice
be found in any court?. What can be done to be sure that the supreme court doesnt make the same errors? What if it is corruption from a previous politician? I have turned it over to the state atty gen. Probably his friend. I have been violated by the state
3x beyond justice. The state hires all the lawyers so that conflict of interest doesnt allow them to take a sue the state case. The state police could not do anything about the intimidation and threats that I recorded. The paperwork was said to be too complicated.
I have a 5 tier lease of a leased lease and several name changing companies preforming the defrauding of my land thru error emission and deception. Yje court judge was tricked to use an opposite definition of mining RECLAMATION (closing and cleaning up) used
as re taking it back???? Justice at its finest. My good by the law and ethics lawyer was in beliefe of the law being followed but was also baffled by the happenings.. Need probono on a large suite. The state enabled the financial distress by gross negligence.
Is there a proceedure for help on this? I was told on advise on this web site that case law was well defined in the supreme court cases on this?????????
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the Supreme Court finds that an easement is proper, then that would be the end of the case. It is up to your attorney on your appeal to the Supreme Court to cite that case law in support of your issue to show that the lower courts ruled improperly. The state attorney general cannot represent you personally in this matter, it requires you having a separate attorney on your own. Once the supreme court rules, you cannot bring any other actions. If you cannot afford an attorney to continue on the appeal, you can go to the local law school which has law clinics to assist people who cannot afford representation or you can contact the state bar for the local pro bono attorneys in your area.
Easement laws and judgments are judgments involving real property, so they are primarily a state rights issue, not a federal issue. The only exception would be if the state is the party that is taking the improper easement, in which case it could become a 4th Amendment US Constitutional issue if they are taking property without due process and you could seek to pursue the case to the US District Court, which again would require a local attorney (the court ruling against you is not what this means, it means the state has to actually have been the one taking the easement).
Customer: replied 1 year ago.
I have an atty on the "easment" mining road thru a special permit and variance created subdivision taking the thing to the supreme court if they accept it. My state rights are being violated by error by the judge (judge had 0 knowledge of mining law) Her lack of using the state law about the issue and not knowing the definitions was led to a different case .The business entity owner on the first tier of the 5 way business company lease of the other investor leases of mineral rights with no deeds or severance documentation confused her so she just threw a perscriptive easment on 4 property owners on thru and over our min. size lots. Prescriptive says that it could be used for what its orig. purpose was "mining road" The local zoning dont allow it the state dont allow it thru housing but it is being imposed in a twisted way as an attempt to reestablish mineral rights abandoned 39 years ago. The "business" was relinquished by the secretary 1 year after bankrupt company closed . She was not a corporate executive. This involves a lot of fraud and deception that is unchecked or reprimand due to corruption from a former corrupy politician. endited 5 times. all others to jail he squirmed out with lease os leases such as set up for this manuver. I have removed the state protection of itsself by formally reporting the crimes. They defrauded me of my land anyhow against their own laws.
This is a complicated one. It is a business infliction on private property owners with the NO knowledge of the mining laws (state) employees using reclamation as starting a mine not closing as defined. The "easment is 30' wide and violates setback laws. mining and property. He reaches his own property going straight in. He has 5 other entrances. He has no need to cross 3 other properties in a subdivision with 2 acre lots. (Min for well and septic.) To bring tractor trailors and earth moving equipment on thru and over our lots down the center of all of them. The whole thing was to financially break the people and take all of the property. That is the final goal. If the supreme court screws up we will loose all the property. I am the only one able to pay. They didnt know I was there when they started. They zoned us industrial over night with no notice. The 1st lawyer handled that then moved to another firm 100 miles away. Probably arranged by the corrupt. The lawyer refferal service could not provide a lawyer that didnt say NO to us to oppose this man. They all are familiar with his revenge tactics. The locals fear him. Im a stupid out of state person that bought a mountain home. It sat empty 10 yrs for sale. They didnt need it till 2013 the NEW invertos scheme. I feel its money laundering and stripping investors one after another of their money and giving the impression that the company is continuous.. New investors will be clueless to the mass failures of others. I have the entire paper trail. 2 yrs of research. Sue the state because there are too mant trusts and firewalls on the initiator of the havoc. Im not afraid of them. My lawyer now is new and young and probably said NO like the rest os them. The entities that we are fighting use continuous fraud and all are lawyers local are aware. we had to get a new comer. I feel bad for him at times since he was unaware. (I clearly told him up front)
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
IF you find your attorney is as not competent in this area of law as you would like them to be, then you need to either suggest they get another attorney involved who specializes in the area or you need to hire a new attorney, because again if you lose at the supreme court, the case is over. Then you would be forced to prove your attorney committed malpractice and go after the attorney for the damage that their improper representation caused you to incur.
Customer: replied 1 year ago.
I have a olumpus recording of the mining dept lieing and tricking us into not closing the company for NO right of entry and damage, all meetings with the county atty He issued zoning letters of determinations 2x on the properties, The "soapstone" moffia explanation about the threat to burn my house down. The fraud papers many. And 3 others 1 in another county that has had the exact thing done.No atty will take the case because of the opposing party. Our atty didnt believe us in the beginning but understands now. He didnt do some of the things we wanted but hopefully in june covered all we need to take to the supreme coury. This is supposed to be an easment case but if you read the $1500 of transcripts they made it look like something else to get documents to start getting mineral rights reestablished. There are houses on all 8 lots in the subdivision. The State screwed up and the County was supposed to represent us in court. They only sent letters of determinations on no mining and no mining roads ever! The court gave prescriptive (orig use-mining road) even though the same person asked and held public hearings to change the scope of the property to residential. Nondisclosure of the mining or any road :required for public meetings to be disclosed. The state law empowered the locality for this decicion and then separately is changing it. The state clearly passes this to the county . I want to file formal complaint on the judge but the lawyer doesnt want me to. Why? I want to sue the state and need a competent lawyer that is aggressive and not afraid and confident enough in his own outcome to have me pay printing and filing only. The locals are all conflict of interest. I have been inquiring. The supreme court is possibly tied to this man. We probably dont have a chance. Can the supreme court site the fraud if it is included? We have to make case submittal by FEB. Im making an excell timeline with All court info that was presented. That tells that latches was violated. If the supreme court hears it can we present the misuse of definitions? If the supreme court denies it whay is our recoures? If the lawer let us down and no others will take it what then?
I am violate by the state 3x, the county bu neglect, what are the options at this point? As I see it yhe systen doesnt work. My screwed case isnt the only one that the judge is involved in. Her father and this man have direct connections.
Customer: replied 1 year ago.
There is only one pro bono atty for the others and they do family law only there was nothing to save your property only representation for jail situations-criminal.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You are going to need to look for a real estate attorney in the nearest large city for you to step in here to assist, that is the only way you can get the help you need.

Customer: replied 1 year ago.
should I buy the monthly advise and assist the present atty if noone will take it? Where do you report the corruption?
Customer: replied 1 year ago.
The realestate attys dont cover the business property bs. I havent found this level reasestate atty? The mining attys all work for the mines. The last atty on this site sent me case law relating.. Get an atty?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
We can provide information to you, which we have done in the past, but we cannot direct your attorney as to how to perform or manage the case. You really have to engage a local attorney in your state to do so. It would be best for you getting someone from one of the large cities near you and I cannot believe there are no attorneys in your state who are familiar with this issue.
You can report corruption of the courts to the supreme court judicial oversight committee. As far as government corruption, the FBI has a public corruption unit investigates that if you submit the proper evidence.
Customer: replied 1 year ago.
My atty accepts our input since he was dubbed by them and their fraud. We sited supreme court cases already that say no to this word for word but it wasnt used for consideration? The business atty testified all that they wanted recorded. The witnesses said uhha yep yep and the atty read the plat for them (they couldnt actually locate the non existant road. I live in SC and the case is in VA yet another hardship. I have contacted ALL local attys. I have tried 4 in richmond.
We really are on our own on this. I almost filed my own response in the beginning by declaritory and finally found an unsuspecting one.
Customer: replied 1 year ago.
capella vs orange county is word for word our case and they didnt allow it even near the housing area much less on the houses. Nelson vs davis- There are 5 other accesses to his MINE that was a subdivision lot at one time 41 acres divided in 2 lots. The DMME requires 25" acres. They added our land to a fraud lease in 2013 to supply to this lawsuit. To give the appearance that it was part of the original lease. The DMME cant make them remove us from a lease having never been there before yet it is a public fiia document attached to the mining permit. Law says they have nothing to do with each other yet ther it is being used as fact. It says no title search and the atty didnt sign it or identify themself? Have to leave think about it. Give me a little more than find an atty for advise.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, all you can do is argue the law as applied to your specific facts I am afraid. This means that if your attorney is already arguing the law I do not know how much more help we can provide, because we cannot look at evidence and documents on this forum, only provide information to point you in the right direction. So, we can give you information as such in response to specific questions you may have, but your attorney has to make the arguments work to convince the supreme court that they need to follow the case law because it does apply to the facts of your case.
The Nelson case specifically states that the use of the roads in question establish an easement by prescription. The Orange County case is an issue as it is in CA and not VA and not authority the VA court has to follow. The Nelson case cites tons of other VA cases holding that open and notorious continuous use of the easement means it is an easement by prescription.
Just because you struck out with 4 attorneys, try the law schools as they have real estate law professors who also may be up to the challenge on this complex issue.

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