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I have a boundary dispute lawsuit going on with my neighbor.

I have a garden that...
I have a boundary dispute lawsuit going on with my neighbor. I have a garden that passed to me from previous owner. We enjoyed it many years. The newly moved in neighbor (A in short)did a survey and found part of the garden crossed the property line. So they file a lawsuit against us to quite title, and we countered with adverse possession.
Now we are in a mediation process, we found out our neighbor involved their previous owner(B in short). As part of the deal, A asked B to pay for his attorney fee. I as told B is obligated to defend A due to the warranty deed used during the transaction.
I have an idea which seems quite unusual. So I want to seek a second opinion before talking to my attorney. Can I(or my attorney) approach B and ask him to compensate me of the attorney fee, in exchange for me dropping the adverse possession claim? By paying a fixed amount, plus I dropping the case, I think B should be happen with it. Is there anything else B should worry?
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Answered in 1 minute by:
5/22/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you. Can you tell me the State that your question pertains to?

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Customer reply replied 2 months ago
Washington

Thank you very much for the clarification.

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"I have a garden that passed to me from previous owner. We enjoyed it many years." Was the land conveyed to you with a deed or did the owner provide an easement for you? How many years have you been using the land in question?

Can you explain the situation a little more?

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Customer reply replied 2 months ago
I am fully aware of the adverse possession requirement. We meet all of the adverse possession requirement. But some a weak. That's why i am willing to drop the case to not risk to go trail, if I can get compensated of the attorney fee I already payed.

My apologies, I did not mean to suggest that you were unaware of adverse possession law. I was merely trying to make sure that I understood your question so i could provide an intelligent answer.

You can ask for anything as part of settlement if both parties agree.

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Customer reply replied 2 months ago
Thank you. Let me clarify my question a little bit. What I want to do is: Instead reach a settlement with A, I approach B to get the attorney fee in exchange for me to drop the case. I want to know if this is legal when a lawsuit is going on. And if there is anything prevent B to accept this offer (other than the amount of money).

At any point in a lawsuit the parties are free. in fact they are encouraged, to settle.

There is nothing illegal in asking for certain costs to be repaid to you, such as, attorney fees. It is totally up to the parties involved what the terms of the settlement would be. Since the settlement does not go through the court the terms of your settlement are not public record.

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You are most welcome.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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