An interesting discussion of tree damage, landlocked parcels which assert access easement rights, and an inequitable resolution which benefited the defender with acquiescence by the plaintiff. Steve Lehto is a sharp (Michigan) lawyer whose U-Tubes are quite educational. Anyway, if you have 11 minutes it's worth the time to see how de-escalation can result in repose even though there's issues of boundary location, damages, phantom easements, etc. concerning encroachments.
The video was worth watching.?ÿ I usually don't make a habit of listening to attorneys unless someone is paying me, but I do enjoy a good story.?ÿ While this story happened in Michigan, I'm assuming all states have varying laws concerning access.?ÿ
I also remember an Oklahoma case from a seminar where the judge ruled that the act of sale in itself indicated an implication of a certain amount of reasonable access.?ÿ The ruling hinged on the fact that the seller owned the property between public access and the subject property.?ÿ I believe the ruling was appealed.?ÿ I'll have to look that up again.
Interesting video.
BTW - Unlike Mr. Lehto, my long-time attorney loves to write letters.?ÿ He calls the first letter the "eat poop" letter in which grievances are merely defined.?ÿ The second letter he calls the "eat poop and die" letter because that's the one in which legal action is threatened.?ÿ
Interesting video, but sounds like a ??once in a lifetime? legal anomaly. That could never happen in Florida.
Back when I first started my business I would be petrified when I received a letter from an Attorney. Usually it was much ado about nothing but the letters hinted strongly I was unqualified buffoon attempting to practice Land Surveying.
I would allow myself to worry about nothing for sometimes days. Then I apparently had one of those scarce ??bright flashes of the obvious? and decided to read some books on how lawyers learn about intimidation processes and other various unscrupulous tactics to scare the bejesus out of ??normal? people.
- There are many books on this subject too numerous to mention here.?ÿ
A starting point on this worth a peek ?? http://hustlebear.com/2010/12/14/how-to-handle-lawyers-threatening-you/??
Note - you will receive a ??404? error, look on the right side menu and click (under ??Business?) ?ÿ??How to handle lawyers threatening you?
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@flga
I've had the luxury my entire adult life to have a brother (Holden) that ducked into law school to avoid the selective service and Viet Nam. He's been a wonderful asset in my professional career because (A) he works cheap sometimes, (B) like the pig, he enjoys getting dirty and (C) he's the epitome of a junk-yard-dog attorney.
I remember once I contractually got myself into a survey way too cheap. Although I completed the survey, I had tried everything to get some additional fees to offset my foolishness. All I had left was hanging on to the final drawing until I got some more money, which contractually I really didn't have a leg on which to stand. The client's counsel started with the threatening letters to me. I called my brother.
It only took about a month and I was approached with a sum to settle things and turn over the final data.
I asked Holden how he pulled it off. He told me he had threatened in a letter a counter suit armed with a half-page long list of laws and rulings. I had to ask what those laws were...He told me he didn't have the slightest idea, he had cut and pasted them from a divorce proceeding he was working on. 😉