Tuesday, May 14, 2013

Dealing with a Law Suit~~~~

Hello My Diva Darlings,

I know, I know, where HAVE I been, you ask.

Well Darlings I've been tied up dealing with a law suit, no, no one is suing me, I am suing someone.

Just after Easter, I look a short 5 day vacation to visit a friend of mine, Juanita was going to stay with her daughter for a few days, to help with the family, the baby had come down with the flu and was miserable so it was best for Juanita to be there.

I was having a delightful visit but on the fourth day Juanita called me and asked if I had given permission for my neighbor to rip out my plants and start building an extension on their home onto my property and I said no, she told me what was happening and was concerned because a fence that was there had been removed by my neighbor.  I told Juanita to stand by and called my lawyer, who obtained a "cease and desist" order until the property lines could be cleared up.

Well it turned out to be a bunch of law suits over property lines, my neighbor had decided to sue me for stopping work on his property and my suing him by his damaging my property and building on my side (so very exhausting to even think about)   but with the help of my friend Irma the sister of Iris,  whom I bought the house from, photographs going back over years showing the fence as well as paying for a survey of the property line out of my pocket, it clearly showed that my neighbor was wrong, but then he got a survey showing that the fence was 12 inches over onto his property, but I had photos showing the original fence going back to when the houses were built by the original contractors, and I was able to show that my neighbor had come over 4 feet onto my property not his alleged 12 inches.

So the court ordered an independent survey which came out of both our pockets and that survey showed that my fence was right on the property line as a matter of fact when the fence was rebuilt it had given my neighbor 2 inches onto his property (2 inches??!!) 

So in terms of property lines I won, and he had to remove what had been built so far,  now I'm suing to have him pay for a new fence, the cost of new plantings, damage done to my side of the retaining wall to the lagoon as well as all lawyer and legal fees and survey costs from the previous and current court cases and I'm suing to keep any expansion of his home or any recreational items such as a hot tub or Jacuzzi, fire pits, bar-b-ques, storage/greenhouse/planting sheds/outside offices or any play courts,  at least 4 feet away from the fence/property line for fire safety.

Needless to say he is not happy with me, but I don't care,  I was in the right, I had the proof and I won the original suit.   So now it is back to court for this portion of it and I have the Fire Marshall involved as well.

Sad to say this is not the original neighbor who was living in that house when I moved in, that person and his wife were very nice people with a lovely garden with roses and lovely plantings, but they got old and ill and thought it would be best to move into assisted living.  The new owner ripped out the roses bushes and threw them out in front roots and all as well as the other plants.

It was a good thing it was winter time when they would be dormant so Juanita's son-in-law Manuel salvaged almost all of the plants, he knocked on the man's door and asked if he could have some of the plants that way the new owner would not have to pay to have the bulk of them removed, the man said "Go Ahead" and now Constance and Manuel have many beautiful roses blooming in their garden as well as a number of bulb plants and all for free plus a bit of hard work.

With the confirm correct survey of my property line I had a new fence installed, and I've put up lattice work next to it and planted climbing roses to trail up, the thorns should keep trouble makers out, and it would make for problems for anything that my neighbor might build.  And the roses are so beautiful and attract the honey bees which we so desperately need.   I have a neighbor who lives several doors down from me who keeps a hive of honey bees and another neighbor who lives several door over from my nasty neighbor is learning the hobby of keeping honey bees and is working in concert with the organization to preserve the honey bees from becoming extinct.

So with Manuel to help me I've been planting fragrant flowers and plants to attract the honey bees, including those climbing roses with the lovely scent, as well as night blooming jasmine, It won't bother me, I have an awning with a removable screen so I can sit outside day or night enjoy the beauty of the plants and their scent and not be bothered by nasty insects or busy bees.

Remember my Diva Darlings, always have proof to win your case, or your side of the argument, but never give into anger, just do things to make sure things are being done right and if you're wrong be the magnanimous person and apologize, but if you have your facts and proof you'll rarely apologize.

Then my Diva Darlings, plan a revenge that is sweet for you and annoying for them, plan carefully and enjoy.

For now I might not be posting alot after all I'm dealing with court dates and lawyers and depositions and gathering bills to present.  

Summer is coming plan and enjoy.

Until Anon, Kisses Darlings.