Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Property dispute with out justification, one lawyer demanded…

Customer Question
property dispute with out justification...
property dispute with out justification, one lawyer demanded a gate be removed, he set 3 appointments with land owner attorney and then cancelled them, he sent a registered letter to the LAND OWNER INSTEAD OF HIS ATTORNEY. months later he was seen on the land owners drive way with his client. He was tole by the land owner that 2 attorneys checked deeds and maps and said his client had no reason to cross his property to get to the easement. The attorney attacked the land owner telling him he used racial slurs, called his client a Spic what ever that is. He went on t ACCUSE HIM OF INSTALLING A 5' yellow steel pole on his client property, The post was put there by AT&T because his Client vandalized the phone service if the land owner 3 times over the past 8 years, Land owner called him a liar and said to deal with his attorney, he aske who was his attorney, he knew because he was notified to deal with him on anything concerning the dispute. No one heard from in in over 2 years, he filled a complaint using the letter that was not valid because it had no cause of action. He asked the Judge to punish the land owner 100.00 a day from the date of the letter in 2012, He accuse the land owner of racial slurs and calling his client a spic and installing the post, He asked the Judge saying it was his first time asking for extraordinary damages. He asked the judge to give his client a protective order, the land owners has been vandalized by his client for years and had incident reports, he had terrorized a young mother with 2 small kids when she reported him for cutting down her trees, tole he he killed women and children in NAM, He lied to his attorney that he was rewarded the Congressional Medal of Honor is was a lie. The list goes on and on, My quest is how can the attorney violate the rights of the land owner to be represented by his attorney? The dispute would have been settled the first meeting. How can he think the judge will punish the land owner based on him manufacturing evidence. Does the land owner have any recourse for this attorney actions.
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
6/14/2015
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
Verified
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, was there a hearing in front of the judge as yet?
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
No
Customer reply replied 3 years ago
The complaint was filed in Chancery court
Customer reply replied 3 years ago
No court date set, every thing in the letter he sent complain about the gate was taking care of by removing the gate and post, even though it was no caused by the attorney. It had been drug traffic going in and out to the previous land owner of that property, when he lost the property we put a gate up to stop the traffic. It was only temporary asthe attorney was told.
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Hi,
Let me answer this situation point by point. First of all the attorney here is not representing the land owner, and the attorney is free to use known and existing information for the benefit of his actual client. The attorney cannot actively lie as it would violate rules on professional ethics but can use information that was provided to him by his client (unless knowingly false) even if that information is not accurate to attack his opponent. To use the Medal of Honor example, if the client told his attorney that he was awarded this medal, the attorney can take that information at face value and utilize it, as he has no inherent obligation to double-check or ensure that the information is accurate. Now, if the opposing party proves that the information is false, it will make the testimony of the other party appear to be false and no longer believable, but that is generally not the attorney's responsibility. There is no violation of the landowner here because the attorney does not owe him a duty--as an example if the client told the attorney that the landowner was breaking down his property, that attorney can use that information to pursue the landowner (even if that information is completely false). The landowner can use his information and proof to disprove the statements and actually show what is really taking place, but unless the attorney knew that the information is somehow false and utilized it, there is no violation under professional conduct.
As far as your question about the judge, that is also my point--if the landowner can easily show that the information about him is false, no judge will uphold such demands and may dismiss them outright. If there is really no cause of action, the judge may deem the filings 'frivolous' and can then also admonish the attorney over bringing useless claims that wasted the court's time as well.
Sincerely,
Dimitry, Esq.
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
Why about the attorney that represents the land owner, Clients attorney made 3 appointments to meet the land owners attorney 3 times and each time before he was suppose to meet to settle the dispute the client attorney cancelled, later owner a registered that was suppose to go to land owners attorney giving him 30 days to remove the gate, My attorney when complaint was received in 2015 and it was sent to him he made a note at the top of the letter that he had never received the letter
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Hi,
If the attorney for the land owner is not adequately representing, he can be fired and a new attorney hired to assist the land owner further. That attorney has no obligation to file a grievance of a complaint against the other counsel as that attorney, while perhaps being difficult to meet with, is not actively violating state regulations by doing so.
Sincerely,
Dimitry, Esq.
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
Not true, the attorney and the land owners was leaving to meet the client attorney when he called and cancelled.
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
I am sorry, what part is not true, that the land owner can fire and hire a new attorney? No, that is true, any client is always free to fire the attorney if they are not satisfied with his work or service. They would just have to pay the attorney for work done up to that point. As far as cancellation, I am not clear on the relevance, and again, it is not a violation to cancel appointments and then ask to reschedule them.
Sincerely,
Dimitry, Esq.
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
The land owners attorney is also a Judge, the client did not want to settle the dispute of a gate, THAT WAS THE COMPLETE COMPLAINT, IT SEEMS TO BE A VINDICATE BECAUSE HE CALLED HIM A LIAR. THE LAND OWNERS ATTORNEY DID HIS JOB ,THE RIGHTS OF THE LAND OWNERS WAS VIOLATED
Customer reply replied 3 years ago
The land owners attorney was always available and the clients attorney cancelled all three appointments violating the rights of the lAND OWNER TO BE REPRESENTED BY HIS ATTORNEY AFTER THE CLIENTS ATTORNEY WAS NOTIFIED TO SENT ALL DEALING TO HIM.
Customer reply replied 3 years ago
THE lAND OWNER WAS PROPERTY REPRESENTED ,THE CLIENTS LAWYER REFUSED TO MEET AFTER HE CANCELLED 3 APPOINTMENTS
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
I am sorry,
What specifically is your follow-up question? There is no need to type in all capitalized letters, that is seen as shouting, and I can review the posts as it is written.
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
a simple land dispute against a land owner, it did not warren a law suit. Land owners was denied the right to represent his client because the Clients attorney did not have a case and disappeared for a couple of years.
Customer reply replied 3 years ago
This was a trivalent law suit the clients attorney filed, like he was trying to get a default judgment like he did the letter he used to file the complaint.
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Hello,
My apologies but that is simply untrue. It is not up to anyone to state what did or did not warrant a law suit, and in the US anyone can file suit if they deem it necessary. I agree that most conflicts can be resolved outside of court, as going to court is expensive, stressful, and uncertain, but it is up to the plaintiff (and then the judge) to see whether a law suit is warranted or not. A person cannot make another person agree with them if they do not wish it, and ultimately the final arbiter for disagreements are the courts. As far as being denied to represent, that is not accurate--if the land owners felt that the case was frivolous and a waste of time, they could have pursued this case anyway or filed for 'wrongful institution of civil proceedings' to recoup losses. But the fact a case was dismissed before does not bar that case from being brought up now except if the statute of limitations expired, or if the courts in the past ruled that when the motion was dismissed, it was done so 'with prejudice', which would mean that this particular cause of action can no longer be filed and brought back to court for review. If he tried to get a default judgment and failed, he can try again provided there is still time based on the statutes of limitation.
Sincerely,
Dimitry, Esq.
Kindly do not forget to positively rate my answers to you at this time, thank you!
Ask Your Own Real Estate Law Question
Customer reply replied 3 years ago
The land owners attorney made 3 had 3 appointments cancelled by the clients attorney, he never rescheduled them. It was no refusal to settle this dispute. the letter of complaint was to remove the gate and post, which was done, later it was proved the land owner did ot have to remove the gate by his attorney. The attornet also put the clean clause on the answer.
Real Estate Lawyer: Dimitry Esquire, Attorney replied 3 years ago
Then I am sorry, I do not understand the issue here. Are you angry that the attorney never rescheduled it? That does not rise to malpractice, and I would again reiterate that if you were unhappy with the attorney being utilized, you were free to inform him of proper actions or fire him and retain someone else. Beyond that I am not clear as to the issue under this dispute.
Sincerely,
Dimitry, Esq.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Dimitry Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

41,221 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I'm trying to help a friend regarding his property in
I'm trying to help a friend regarding his property in Cochise County, AZ. He has had his property for about 23 years and just recently someone purchased the property south of him and he received paper… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am inquiring about an AT&T telephone pole and cable
I am inquiring about an AT&T telephone pole and cable running across my property. We got the property off of my father in law in 2013 and wish to build a house on it. There are two AT&T poles along wi… read more
RONB-ESQ
RONB-ESQ
Juris Doctorate
335 satisfied customers
I have lived in my current neighborhood 18 years. I am a
I have lived in my current neighborhood for almost 18 years. I am a senior African-American female. Within the past 3 years, my next-door neighborhood was trespassing on my property for the sole purpo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In PA... I purchased a home which had a second parcel
In PA... I purchased a home which had a second parcel attached to the deed that was initially described as a proposed right away for a proposed development behind my property. The second parcel was at… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My fence has been there years and my neighbor just had
My fence has been there for 20 years and my neighbor just had his surveyed and says my fence is 20ft on his property. He wants to take my fence down also my water well is on that property. help?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
my name is***** have a garage door dispute with my
Hi my name is***** have a garage door dispute with my neighbor. I live in a 40 years old condo community where 2 units share a 2 car garage which doesn't have a garage door.(each unit park 1 car) For … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I own a 4 family house in Bensonhurst Brooklyn New York the party driveway has been shared
I own a 4 family house in Bensonhurst Brooklyn New York the party driveway has been shared for over 43 years now a new owner has bought the house next door and would like to put a gate at the end of t… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have a right of way easment across a neighbors property.
I have a right of way easment across a neighbors property. This individual bought the property about 3 years ago and immediately installed a gate. He keeps it locked all the time and has issued me a s… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
In Dec 2011 the power corp came onto our 100 year old property,which
In Dec 2011 the power corp came onto our 100 year old property,which is also in a family trust And installed a 60 foot pole with a ransmitter on that sends eight micro waves to repeaters . It was set … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,537 satisfied customers
I live in Knox County Tennessee and my problem is this. My
I live in Knox County Tennessee and my problem is this. My father sold a piece of property to my nephew that runs directly between my property and my parents with a 25 foot easement for his driveway w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I purchased land in Alabama in Feb of this year and subsequentlly
I purchased land in Alabama in Feb of this year and subsequentlly had a survey completed. I had no issues with the exception of boudary land owner stating my survey was wrong (he could not produce a s… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I had a privacy fence installed over a year ago. 5 days ago
I had a privacy fence installed over a year ago. 5 days ago a person claimed that he was measuring corners for the people 2 houses away from me. Today I noticed that there is a large green metal pole … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
On my city residential block is a power company easement behind
On my city residential block is a power company easement behind the homes on the block. City code enforcement told me that each property extends halfway into the easement as sighted through the power … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hi! Im a renter in California, Pasadena to be specific. 10
Hi! I'm a renter in California, Pasadena to be specific. 10 months ago we moved into a lovely apartment, we signed a one year lease. From day one, the property manager has basically called us liars ev… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hello. I applied a vinyl name on a customers boat. The owner
Hello. I applied a vinyl name on a customer's boat. The owner saw the work, and wrote a bad check to me. Through email, he said he would take care of in in 3 weeks, when he gets back into the country.… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
In 2005 my mother sold a building land contract to Chris owner
In 2005 my mother sold a building land contract to Chris owner of Century 21. In 2005 Chris sold same building to his client. Chris is 2 months behind and will not return my mothers calls or mine. I w… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
Can a person who buys a property that has been surveyed twice
Can a person who buys a property that has been surveyed twice challenge both surveys just because an old property owner knowingly erected a fence in the wrong place? The fence was in place for 30 year… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
We bought our home on 5 acres of land in Jan. 2006. There was
We bought our home on 5 acres of land in Jan. 2006. There was an existing driveway easement in effect since 1996 giving the neighbor of the adjacent lot "ingress and egress" rights, no other rights. T… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x