WHY? A KNOWN AND RESPECTED ATTORNEY GIVES HIS PROFESSIONAL ADVICE. THEN ON DEC. 29 2005 A DIFFERENT ATTORNEY WRITES A LETTER, THIS TIME IT'S TO OUR ATTORNEY. CATHERS SECOND ATTORNEY SAYS HE HAS REVIEWED NUMEROUS PHOTOGRAPHS AS WELL AS A VIDEO TAKEN PRIOR TO THE RESURFACING OF THE DRIVEWAY. HE ALSO SAYS HE HAS PERSONALLY VISITED THE PROPERTY AND VIEWED THE SUBJECT AREA. HE CLAIMS, WITHOUT QUESTION, AFTER LOOKING AT THE PHOTOGRAPHS AND VIDEO, IT IS APPARENT THAT WE HAD EXPANDED THE DRIVEWAY BEYOND OUR ORIGINAL USE.
REALLY? NUMEROUS PHOTOGRAPHS AND VIDEO TAKEN OF OUR DRIVEWAY PRIOR TO THE RESURFACING? WHY? PICTURES OF ASPHALT? OK,..... WE NEVER TOOK PICTURES OF OUR DRIVEWAY BUT APPARENTLY THE NEIGHBORS DID. WELL, THE 1989 SURVEY THAT THEY HAD DONE DID PUT A PIN IN MY DRIVEWAY. SO NOW A SECOND ATTORNEY AFTER SEEING "PICTURES", BELIEVES WE EXPANDED OUR DRIVEWAY WHEN WE REPAVED IT IN 2002. HOW IS THAT POSSIBLE? WHAT CAN THESE PICTURES POSSIBLY SHOW?
AFTER OUR ANSWER, THE NEXT LETTER FROM CATHERS SECOND ATTORNEY [ DATED 1-25-2006] STATES THAT THEY ARE LEFT WITH NO ALTERNATIVE BUT TO FILE SUIT IF WE CONTINUE TO TRESPASS ON THEIR PROPERTY. OK, SO IF WE CONTINUE TO ENTER AND EXIT OUR DRIVEWAY, WE WILL BE SUED. AFTER RECEIVING THIS LETTER OUR ATTORNEY HAD A CONVERSATION WITH THEIR ATTORNEY, WHO INDICATED THE CATHERS INTEND TO HAVE A SURVEY. WHY? THEY HAD ONE IN 1989, WELL, ACTUALLY THEY HAD TWO IN 1989, BUT THAT'S ANOTHER STORY. IN ANY CASE THEY HAD THEIR SURVEY ON 1-17-06 AND 1-24-06 WHILE ARLENE AND I WERE EXTENDING OUR FENCE INTO THE WOODS.
