My neighbor's road vacation petition was refused since I have more property frontage along the road and wish to maintain access to the road.But, he filed a road vacation proposal as if it were a done deal, recorded it with his deed. In fact he "granted" an easement for the water utility across "his" land which is not his land. Then he recorded this easement in his deed. Isn't this a crime? Because he's purporting that he owns land which he does not, and granting an easement over county land to the water utility? He does this because he's a delusional obsessive nut who will stop at nothing to try to own the end of this road.
State/Country relating to question: Washington
It's fraud - and may be a crime because it's an intentional fraudulent recording.Does it affect your property?
Yes, he has been bullying and harassing terrorizing intimidating me for YEARS to get me to stop using my legal side driveway. He'd park on my property, block my driveway, block the entire side road, block my turn radius, stole my mail, knocked down the street sign...I filed an anti-harassment order but the judge was weird and said they didn't do "property disputes" at civil court...but anyway said neighbor backed down and was at peace for a few years, then he twice charged at my cars fullspeed, hitting brakes and honking, creating an artificial contrived "it's dangerous for you to use this road" scene (it's a single lane road).
Your asking the judge to reconsider the restraining order?
Another lawyer said I could file a Motion for Reconsideration since I was disallowed any and all rebuttal of respondent lies (testimony).
In my opinion - that's a waste of time. If the judge didn't grant the request to begin with - they rarely do on a motion to reconsider.What I would do is take a pro-active position.1) place "no trespassing" signs on your property and criminallly prosecute him if he trespasses.2) file suit for fraud as to his property recordings which interfere with your property interestsand 3) go to the DA's office and file a private criminal complaint as to his fraudulent property recordings -see if the DA will prosecute himThose are what I would do. You can try the motion for reconsideration - but don't be surprised if it's again denied. To the contrary, be completely surprised if it's granted.Within that motion for reconsideration - you can give evidence as to his lying to the court. But I wouldn't expect to much.Please - rate me with 3 happy faces or more for my answer! Thanks!!
I will give you 3 happy faces, just one last thing...
I understand your thoughts and feelings.No, not on the record unless the judge will give a court hearing on the motion to reconsider.Usually motions to reconsider are strictly discretionary with the court- they don't have to entertain them whatsoever -and they have already made a decision in the matter.I have had very poor success with motions to reconsider over the years - almost zilch luck. I've been on both sides of these and the opposing party, too, has had almost zilch luck.To win on a motion for reconsideration - basically it you must present evidence that the opposing party lied or is in complete contravention of what they said.Realize the judge is kind of "stuck" - they made their decision and will stick by it.Please - rate me with 3 happy faces or more for my answer! Thanks!!
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Just thinking...since he knows I'm now researching his deed...since in court he boasted he had an "easement"
Nope - that's a public record - once recorded it's permanently of record. The only way to "undo" that is file a corrective deed or easement - but that won't erase the earlier filing.
What if I file an appeal about the anti-harassment case pro se in superior court? I have all of my evidence ready to go. It would cost $260, I could "lose" but hey I'd get my evidence on the record.
That would be way to expensive PLUS you probably wouldn't win that appeal.On appeal you have to show either:1) an error of law the judge made, or2) an abuse of discretion against the weight of the evidenceI doubt the judge made an error of law.As to the abuse of discretion - since the judge is the "fact finder" (ie. the jury) they will abide by his decisions as to his findings of fact.So, in my opinion, save your money and don't even think about doing that - it would only cost you thousands for zip/nada.You have to base your suit on something - a breach of contract or tort.I think you may have a property interest he's infringed upon - that's what I would sue him about and include a count for "fraud" and then you could recover your monetary damages plus pain and suffering.
Can I sue neighbor for slander in court? Calling me names, when it is HIM who is the one abusing for years?
Maybe but doubtful.
Typically, the elements of a cause of action for defamation include:
So you can prove that he made defamatory statements to 3rd persons BUT you also need to be able to prove monetary damages - that's usually the downfall.
Now some jurisdictions allow for the action of "false light".
False light is a legal term that refers to a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to privacy from publicity which puts them in a false light to the public; which is balanced against the First Amendment right of free speech.
False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-being" rather than protect a plaintiff's reputation as is the case with the tort of defamation and in being about the impression created rather than being about true or false. If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading then a tort of false light might have occurred.
"The specific elements of the Tort of FALSE LIGHT vary considerably even among those jurisdictions which do recognize this Tort. Generally, these elements consist of the following:
Washington courts have not explicitly recognized the tort of "false light." However, unlike several other states, Washington has not explicitly rejected the tort of false light either. In one case, the Washington Supreme Court appeared skeptical about whether allowing false light claims would be a good idea due to its similarity to defamation. See Eastwood v. Cascade Broad. Co., 722 P.2d 1295, 1298-99 (Wash. 1986). [citmedialaw.org]
You could maybe pursue that.
Maybe I stated it incorrectly. He called me psychotic (because I yelled at him after he almost hit my daughter) in court. It was me who'd called HIM psychotic after he almost hit her...he's not very original.
I think a real estate attorney would be best to pursue the easement/property fraud. They would be best able to understand his fraud and present the fraud to the court.But they usually don't take things on a contingency basis - because it's just not usually done.However, one never knows till they try - maybe you could get a real estate attorney to take it on a contingency or partial contingency basis - where you would pay costs and expenses as the litigation progresses but they wouldn't take a fee to the end.Something like that they might accept.
Do you know the statute about recording false information into a deed?
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