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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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September 9, 2016 you concluded problem was our lawyer which

Customer Question

September 9, 2016 you concluded problem was our lawyer which we believed also. We have removed lawyer but are really cautious about finding new one. We asked our lawyer to help prove we owned land as town records did not record established points, measurements and co-ordinates. Witnesses that were present in 1958 were deceased. We had survey done which was not correct as measurement was established by survey done in 2004 by property on right which was not correct. Our lawyer demanded he wanted to get his own surveyor. This was in Sept. 2015. Therefore,survey we did was never stamped or filed and lawyer did not get a surveyor. Lawyer insisted on working with Ninevah Foundation stating better to settle problems with neighbors instead of going to court. They claimed we encroached on a large triangle of their property and built on it. Foundation provided no proof but notifed town of our encroachment and on our death Foundation would take the land. Our lawyer sued the Foundation and filed a law suit citing our deed, and also using adverse possession and quiet title of property since 1958. This put the burden of proof on us and put us on offense. Our lawyer then continued a year of letter exchanges with Foundation and we have spent $17,000 plus to date. We told lawyer when they had proof they owned the triangle of property we would negotiate. The Foundation became vicious and made unacceptable accusations regarding our unacceptable actions of being squatters. They filed a Counter Claim August 25, 2016 They used our survey which we did in 2015. It was not recorded or filed. Our lawyer gave Foundation a copy without our permission. We asked our surveyor to return and use correct stake which places our stake on our side of brook and now north and south side of our property from lakefront to road are parallel not an acute triangle from north side of lake front westerly to road. and our buildings are on our property. Our lawyer rejected our surveyor and insisted he hire his own surveyor. He again did nothing. We could not find surveyor as none wanted to get involved in law suit. This Foundation has acquired most of land surrounding lake through questionable actions. We know of at least 5 court cases the Foundation has won because of their bulleying tactics and excessive expenses which average owners cannot afford. We are reluctant to choose a lawyer or firm so ask for your assistance, if possible. Our parents purchased this plot for $1,000 and we have spent a lot of money and hard work to create a place we love. We are now on our 5th generation of family who love Vermont (where we were born and raised) and our special place.
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month 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.
What type of assistance would you like with your choosing a lawyer, as we cannot make personal referrals to customers of this site and state laws forbid us from representing anyone from this site?
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 month ago.
sorry. last reponse suggested find a lawyer.com. thought you could direct me in right direction but did not realize you could not make referrals or suggestions.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply, whoever suggested lawyer.com really does not know much about finding a qualified lawyer. If you need to find a local lawyer, try the same sites used by other attorneys, http://www.hg.org, http://www.lexmundi.com or http://www.superlawyers.com
Customer: replied 26 days ago.
Oct 31 I asked to question Dwayne B about recommending lawyer in our area. Law Educator, Esq. wrote they could not help find a qualified lawyer but charged me which did not answer question. I would like to question Dwayne B as he has been most helpful:
1. We contacted our lawyer asking where he stood as he was supporting the Ninevah Foundation and not us. He did not reply.Asked to have Dwayne B to help us find a qualified lawyer in our area as he suggested our problems were with our lawyer and we agreed. Law Educator, Esq. answered you did not help find lawyers but charged me for question. We would like to question Dwayne B since he could not answer that question:
1. We found new surveyor and Ninevah Foundation had survey our neighbor's property in 2004 and used the wrong pin to measure the property. Our old surveyor used that pin to measure ours which had our land on opposite side of brook, which we never owned, and short on north side that Foundation own and claimed we encroached. That is why we never had it stamped. This changed our survey. Our surveyor called lawyer twice saying new information had changed everything and asked him to return his calls which he never did.
2. We wrote lawyer twice and called asking him where he stood and he never answered us either.
3. We finally called and he said it would be better to part ways after $17,000 and leaving us in a big mess and never going to court to prove we owned the land as originally asked.
4. We have talked to town clerk who has stated we can correct a deed if we have proof it is not correct. The buyers only recorded 70 foot water front in 1958. They added a southeast measure from the waterfront to road and a measurement from north to south on main road which is 5 feet short of the post they put it. They had no measurement from North Lake Front westerly to road. The town changed acreage and measurements and wording 3 times and state they have no records. We would like to claim the 5' which goes along the road and narrows into a small triangle about 5 or 6' to north waterfront as adverse possession. Vermont has a 15 year possession law and we have spent a lot of money building a small retaining wall we will have to take down. We will also have to move our shed or cut a 5' foot triangle off. That was our original plan before contacting Foundation which our lawyer did not do, If we owned land they had no case. Foundation claims we have to continue law suit our lawyer filed.
We are searching cautiously for new lawyer. Also I have done extensive research in town records and Foundation Records and have proof of some very shady and illegal transactions by the public charity, non-profit, tax-free Foundation. I live in New York and don't know if the Attorney General would investigate as I do not vote there.
Appreciate any advice you can give me. Thanks *****
Customer: replied 26 days ago.
I would consider calling if I get $36 credit I paid previously and can speak with Dwayne B as he has provided good advice thus far. Ida Gage
Expert:  Law Educator, Esq. replied 26 days ago.
I did not charge you for any question, in fact I answered you with only an information request so that you could not pay. Secondly, had you asked for Dwayne B when you posted your question we would have left your question to him instead of someone else taking up your time. I will send him a message.
Customer: replied 25 days ago.
Thanks. Charge was on my credit card so I wrote you instead of deny charge first.
Expert:  Law Educator, Esq. replied 25 days ago.
The charge was only a deposit, not a payment and you can get it refunded by the site if you choose to do so by contacting customer service.
Customer: replied 25 days ago.
Thanks. Will get back to you
Expert:  Law Educator, Esq. replied 25 days ago.
Best wishes.