Attorney after my Trust

11 years ago

Hello and thank you for allowing me to join your forum:
Hopefully, my posting isn't too far out in left field. If it is, just toss it back to me and I'll try to catch it.

I have been involved in a law suit, of sorts, for the past 4 1/2 years. It started out as a Quiet Title by Adverse Possession, which I filed, for: Ready for this? 6" of dirt and a 35-year-old fence that divides the two lots. The fence is 389.80' long and the last 100' encroaches onto the next lot by 6" decreasing to 0 over the 100' length, where it rejoins the natural boundary line and continues on.

The people that bought the lot have been relentless in possessing the dirt and exclusive ownership of this fence. I have owned my lot for 15+ years and from 1973 until 2007 their lot sat vacant, no development. Of course I believed the property boundary fence was mine.

In the lawsuit I filed, in 2008, the defendants atty decided she need to have my trust documents "to establish ownership of my property," even though the county recorder has excellent records on my trust owning the property, she attempted, through the courts, to force me to produce my entire trust document. I don't think so!

Now, in Nov. 2011, they have filed a new lawsuit, same issues. However, the statute of limitations expired on their claim 3 years ago and the judge refused to dismiss for lack of jurisdiction. So, since last Nov. we have been having regularly scheduled "Status conferences" to have the taxpayers pay for this dog and pony show, again. Once again, the same atty is after my trust documents. Between law suits I converted my revocable trust to an irrevocable trust, mainly to protect my property from these tyrants. The atty filed a motion for an order to compel me to hand over my trust documents. I informed the judge that the new trust had not been recorded to protect the privacy of myself and my beneficiaries. He denied her motion. She then set out on a mission to locate the trustee, with no luck. Now, she has abandoned that idea and has consulted with a title agent who has informed her that they can "Pass Clear Title" on my property if I don't produce the trust, and that she is no longer interested in joining the trustee of the new trust. Can they? I have retained two attys and they haven't exactly had my interests in mind so I am now Pro Se. This is a very convoluted issue and I will understand if you just delete the post. But, I do request that you not post something negative about my IQ for posting it.

Thanks,
stillseekingtrth

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Comments (11)

lazy_gardens
11 years ago
You have spent 4 1/2 years, dozens of hearings, and paid 2 attorneys.

For what you describe as 6" of dirt and a 35-year-old fence?
User
11 years ago
"I do request that you not post something negative about my IQ for posting it."

OK, no shots at your brains on this. But, you are letting either pique or some odd emotional attachment overrule your brains here. What you have been doing is not at all logical given the information you have provided. If you can't see that, then well, all bets are off on the brains issue.
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marie_ndcal
11 years ago
Since I am not a lawyer and do not know about the stress you are going thru, I would suggest you contact either your county district attorney or the state district attorney for some advice, To me the attorney sounds like she wants money for some reason--is she/he friends/relatives/or ??? of the people involved. I don't see how a title agent can do that legally, so I would suggest you talk to the owner of the title company/or state officials.
I do wish you the best.
Marie
brickeyee
11 years ago
You started this crazy fight.

"It started out as a Quiet Title by Adverse Possession, which I filed, for: Ready for this? 6" of dirt and a 35-year-old fence that divides the two lots."

Just drop the damn thing. It is 25 square feet (0.5 ft 8 100 Ft * 0.5 if it is smooth triangle) and 'YOUR' fence is on the worng land.

"the last 100' encroaches onto the next lot by 6" decreasing to 0 over the 100' length"

The fence is simply NOT yours any more for that portion.

Whomever installed it screwed up.

Let it go.

They are probably trying to figure out how to style a counter-suit and want as much detail of what legal entity owns the piece in dispute as they can gather.

They likely do not want to waste time filing against the wrong defendant.

You kicked the hornets nest.

This post was edited by brickeyee on Sat, Dec 22, 12 at 14:19
DLM2000-GW
11 years ago
I agree it sounds like much ado about nothing, or as Brickeye said, 25 sq ft. At some point you have to ask yourself why you are in this 'fight' and is it really the 25 sq ft that you want or some other less tangible 'asset'. These are your next door neighbors, for cryin' out loud - is it worth it and is this fight the right thing to do? When all is said and done, I don't question your IQ, I question what's really behind this and that's not clear.
sylviatexas1
11 years ago
I'd bet there's more to the story.

like, maybe there's a swimming pool within 5' of the fence & city ordinances or deed restrictions call for a 5'6" setback.
violetwest
11 years ago
imo, you are screwing yourself without an attorney. Your emotions are involved, and you can't advocate or negotiate for yourself properly.

Have the judge review the trust document in camera to determine whether it should be released (in camera means under seal, and why so stubborn on the release? it's costing you money and the principle of the thing isn't worth it). Then go to mediation and settle the damn thing.

This post was edited by Violet.West on Sun, Dec 23, 12 at 0:03
lafdr
11 years ago
Is there a way to just agree the fence is not entirely on either property and accept it as the agreed upon boundary? Then if a new fence is ever needed it can be put entirely on one property or the other? Or agree you will maintain the fence even the portion on their land?

When the neighbor bought their property, was there a survey that showed the fence crossed into their property line?

It is my understanding that this is a common problem (a fence crossing the property line).

Are you wanting to change the fence or be responsible for maintaining it? Or wanting to prevent them from changing it?

How much would it cost to build a new fence within your property line?

(I was going to ask how much it would be to move the existing fence, but is there a question of ownership since it is partially on their property?)

Did you build the fence?

If I bought a lot and the neighbor tried to "take" any part of it, I would resist as well. Especially if it decreased my lot size. Is there any land on their side of the fence in another area that is yours that could be traded so there is no decrease in either lot size?

I have bought property in a similar situation, with a cinderblock wall, and it said something like the wall is known to cross both properties. It was a 50 + year old wall and it was never a problem.

What is your reason for wanting legal ownership of that 6 inch strip of land?

It seems important to find a way to peacefully resolve this since they are your neighbors.

(Maybe you could offer to buy it from them?)

From their perspective, you were trying to "take" something that they felt they had paid for and had a title and deed for.

Good luck!
lafdr
11 years ago
PS I agree there does not seem to be any valid reason for the neighbor or attorney to see all of the wording and content of your trust!!!
jjaazzy
11 years ago
Years ago we purchased a small house on a small piece of property. When the survey was done we found out the fence was put up 3" into side neighbors yard. Neighbor wanted the fence moved. We gave him the fence. He's happy and that was the end of that. The fence is still there 20 years later.
brickeyee
11 years ago
" Neighbor wanted the fence moved."

That is one way to prevent the type of suit the OP has filed.

If you have cost the neighbor money they are likely not open to simply letting you drop things and go 'never mind.'