Re: You be the Judge.
- From: Banty <Banty_member@xxxxxxxxxxx>
- Date: 16 Aug 2007 12:56:06 -0700
In article <georgek-B8B895.12270214082007@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>, A
Veteran says...
We are taking a neighbor to small claims court .
Before we bought this country place , the previous owner asked this guy
to remove an encroachment. that was in ';03.
We asked him in '04 to remove it, but he said he would honor an survey.
We , after 4 years were forced to do the survey, see; prescriptive
easement. California law.
So, we are asking for the survey costs $1800 and a dollar a day for the
denied
enjoyment of our property. Hint; we had to listen to his 35 roosters
at 4 a.m./
Ca. Civil Code 3479
Is $5 a day more appropriate?
He is on tap for your survey - why? This denied you enjoyment of your property
- exactly how?
And what does the encroachment have to do with the roosters? (Others are right
- you moved to the country, you put up with country sounds and smells.)
You really need to keep separate the different issues (property encroachment vs.
noise), and think about what is your responsibility and what isn't. Your
neighbor didn't say "no" - he asked for proof, even said he'd move his
encroachment if there were proof. He's not obliged to PAY for your proof? BTW,
a recent survey is a good thing to have anyway.
Banty
.
- References:
- You be the Judge.
- From: A Veteran
- You be the Judge.
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