IN THE HOPE THAT THIS MAY HELP SOMEONE ELSE, THE STORY OF MY NEIGHBORS LAWSUIT. THINGS I LEARNED, STARTING AT THE END- THE BEST PART.

Wednesday, August 31, 2011

BATTLE PLANS

   WE HAD AN APPOINTMENT THE NEXT DAY WITH SHIRE LAW FIRM  IN MONESSEN PA.  I HAD PREVIOUSLY GONE TO THE WESTMORELAND COUNTY COURTHOUSE IN GREENSBURG PA. FOR MAPS AND WITH MY SURVEY MAP,  I WAS ABLE TO SHOW MR. SHIRE THE SITUATION.  ARLENE AND I WERE GIVEN AN OPTION, WE COULD CHANGE OUR DRIVEWAY, MAKE A SHARP LEFT, THEN A SHARP RIGHT.  WE DECIDED, NO, THAT'S NOT THE WAY THE DRIVEWAY WAS AND WITH THE WAY THE GROUND SLOPES THAT COULDN'T WORK VERY WELL.  MR. SHIRE SAID HE WOULD FILE OBJECTIONS TO HAVE THE SUIT DISMISSED AND IF THEY REFILE WE WILL COUNTERCLAIM THEIR ENCROACHMENTS. WE TALKED ABOUT THE WORSE CASE SCENARIO.......6 INCHES.  I TOLD MR. SHIRE THAT I CONTACTED THE ASPHALT CONTRACTOR AND HE WAS COMING OVER MY HOUSE.  THAT I CALLED THE SURVEYOR AND HE SAID HE WILL BE COMING OVER TO LAY-OUT THE GARAGE ROOF OVERHANG ENCROACHMENT. MR. SHIRE SAID WHAT ARLENE AND I HAD WAS A " PRESCRIPTIVE EASEMENT ".  HE SAID THEIR LAWSUIT SAYS NOTHING.  WE LEFT THAT MEETING FEELING HOPEFUL AND IT SEEMED WE COULD COUNTER ATTACK.  BUT, I ALSO FELT IGNORANT, ....THIS IS NOT GOING TO WORK,...." PRESCRIPTIVE EASEMENT" WHAT'S THAT?  THERE'S NO EASEMENT MENTIONED IN OUR DEED.  THIS WAS A LAWSUIT FILLED AGAINST US.  AND I DIDN'T LIKE NOT KNOWING .  IT WAS NOW TIME TO LEARN SOME LAW AND NEIGHBOR LAW SPECIFICALLY.  I HAD THE WHOLE SUMMER OFF WORK AND I WAS GOING TO DO EVERYTHING I COULD TO NOT ONLY SAVE US MONEY, BUT ALSO WIN THE GAME!  
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