The neighbors behind us repaired their fence last summer. they didn't discuss any of the plans for that repaired section with us. the fence is on the correct property line. there is no walkway, no road, no driveway, no easement involved, no past ...
It's hard to understand the features you describe without a diagram or property survey map, but if you are asking whether you can physically block your neighbors from trespassing on your property for any purpose, including dumping brush, the answer is probably yes.See question
My lawsuit (civil lawsuit) was settled and dismissed. Wondered if and where I can find an attorney who is willing to sit down with me and review it. I understand people find an attorney before or during lawsuit, so I'm not sure if I can find an at...
As the other attorneys have said, you can get an attorney to give you legal advice if you pay him or her for it,
But in your instance, you may expect some skepticism, because what it the point of discussing a lawsuit that's settled and dismissed, I would assume "with prejudice" because it was settled (in other words, that you probably can't bring another lawsuit on the same claim against the same parties or appeal the dismissal).
I would wonder why your own attorney did not explain the merits of your case and the defendant's defenses adequately before you settled and why you settled and now want further explanation. It seems to me like you might be looking for a "second opinion" that there's some loophole you can reopen the lawsuit or find some way to blame the first lawyer for pushing you into a settlement. If you called me seeking my assistance in the posture of your case, I'd be mystified as to your motivations and expectations,
(And lawyers don't like suing other lawyers for malpractice not because we're a club whose members cover for one another, as is sometimes believed by non-lawyers, it's because we realize how near impossible it is to win a malpractice law suit which assumes that "but for" some act or omission of the lawyer, you would have won a case you lost.
An example of that is you were paralyzed in a car wreck due entirely to the other driver's fault, retained an attorney, and he didn't file the lawsuit within the statute of limitations and it was dismissed for that reason. But anything where it's an arguable "gray area" and there are other factors aren't going to be malpractice, and you will get at best a "nuisance settlement" and won't find any attorney who wants to take that case on a contingency basis.See question
I have sole custody of my 4 year old. My ex husband has been institutionalized, is on long term disability and has severe mental health issues. He has filed an order to show cause for increased visitation and also a change in custody. He curren...
Yes, the Family Court system is unpredictable, but it seems unlikely that given what you've written that he is likely to get either (joint) legal custody or primary physical custody. Perhaps what he's looking for is more visitation or unsupervised visitation. In any event, what he needs to show is some "change in circumstances" such that providing more visitation would be in the best interests of the child, for instance, he's been in therapy and medication and a therapist is willing to write the court or testify in support of his application. If he's seeking to get primary physical custody, he would have to show there's something wrong with your parenting (abuse, neglect, substance abuse, etc.) or some one in your household (a lover with domestic violence/order of protection issues).
Still, as you say, in a custody proceeding, everything is on the table and a wide array of factors can be relevant to any specific case. I would urge you to consult with a family law attorney, and if you can't pay, an attorney will be assigned to represent you (in most NY counties, a public defender).See question
This question is for research purposes only! If someone has been "Permanently and perpetually enjoined from engaging in the unlicensed practice of law.", can this person, after having gone to law school, get admitted to the bar to practice la...
Such a person might go to law school, pass the bar exam, and still not be admitted to the bar by the bar committee on character and fitness for being a habitual lawbreaker, just like anyone who had been convicted of a crime (UPL is a misdemeanor in most states). Or he or she could convince the committee they had reformed and don't ignore laws they don't like repeatedly, but I'd put the chances of getting admitted asSee question
we recently purchased some land and we do have to go through our neighbors land to get to ours, there is not a road at this time, since it is raw land we have plans to build a home which includes a well and septic installed. But we need to be abl...
You would usually pay for paving and improving an access easement, not your neighbor, but the person who sold you a landlocked parcel, if not your neighbor, could possibly be required to build the road if the municipality has subdivision approval, because usually lots are not approved as valid parcels in a subdivision unless they have access to a public road. You want to see an attorney who is familiar with real estate and zoning regulations in your municipality. Did you not have a discussion of how access would work before you bought this landlocked parcel? Did it get sold to you at some very cheap price considering it had no access, or was bought at a tax auction or something similar to that? A road or paved driveway could easily exceed the nominal value of a landlocked parcel. I'd guess though that the landowner carved out this landlocked parcel and threw in an easement to make the parcel not worthless, but expects you to do the driveway improvements unless it requires him to do do in the land contract of sale (or deed).See question
We have joint custody and joint placement but I have primary physical placement and receive child support from him. He does technically get her 1 day a week and every other weekend (which does not account for half the year) At court we had a verba...
These kinds of "verbal agreements before the judge" that don't make it into the express terms of a custody or support order are problematic because (1) the IRS rules are that whoever has physical custody time > 50% takes the exemption and (2) the IRS generally provides the exemption to the parent who files first and uses that social security number. Your agreement would not seem enforceable in court, and I'd just go back to the proper way of doing it and filing first. If he's filed, I might still take the exemption and if the IRS rejects it, ask them to amend his return and ask for his refund back. He should consult his tax adviser as some part of his support may be deductible from income and he may get a child care credit if he pays for that in support.See question
Our family is involved in a personal injury lawsuit and we are having a horrible time keeping in contact with our lawyer. We have never been in this situation before. This whole situation is very new and frustrating to us. We have made numerous a...
Your best option is simply to find another attorney who is more responsive and who you feel will better represent you. Communication with clients within reasonable timeframes is required by the ethics rules applicable to attorneys by their state bars.
The new attorney will have you sign an official consent to change counsel and will file that with the court and send it to the current attorney with a request for your files.
If this is a contingency case where you pay your lawyer nothing for fees unless you recover from the other party or its insurance company, the new and old attorneys will work out how to split any recoveries based on the work they did. If you paid your attorney upfront as a non-contingency matter, you should be able to get a refund of some of the retainer, again depending on paying a reasonable fee for the work done.
Before going this route, you may want to send one final letter by certified mail asking for an office conference. The attorney will get the message that if he/she ignores that, he can expect to receive a consent to change of counsel. Also, if a contingency case, the lack of response may indicate that the attorney really doesn't think your case is shaping up too great, because it's his skin in the game so far, not yours, and it's not looking like there will be a payday.See question
I bought a new home that has a 10ft drainage/utility easement on the left and right sides of the property. The right side of the property has storm water drainage running underneath it. I planted trees 20ft from the property line and 10ft away fro...
Yes, so long as the easement can be accessed for maintenance of the underground utilities and does not interfere with the utilities. If it does (for instance, it is not located over the buried conduits but blocks the truck or trench digger that needs to enter the easement to repair them), it's OK. If the trees have to be cut down later for the maintenance scenario described in the previous sentence, they can be with no damages owing to you.See question
Opened a personal acct in an apt in a 4-unit bldg I own. ConEd immediately sent me a $1,000 bill, and coded the acct as non-residential. Because the apt had been vacant for about 2 years, they claimed I was responsible for all usage. I asked th...
There's a state governmental agency that regulates electric utilities like Con Ed: the State Department of Public Service (aka Public Service Commission). They have a consumer services bureau and rules on submetering and disputes of this nature. They have a website you can google and hotline number you can call (they have offices in Albany and Manhattan). That should be your first step. And it's free. If you are in the right, they can order Con Ed to cancel the backbiting.See question
Where can I obtain the format is reside the mill basin section of Brooklyn NY.
I agree with Ms. Shay. You can find the form for a quitclaim deed online: it's just the same as the deed you got to the house from whoever sold it to you with You and Ex as parties of the first part and You as party of the second part and some other minor changes...but...when you take it to the Clerks Office to record and they want the RP-5217 and TP-584 forms (some of which call for some obscure information or have bar codes on them that have to be generated by your computer) or bounce the deed for some other reason, it's gonna be frustrating.
Do you do all your own electrical wiring, car repairs and plumbing too? You're not going to find a "You Tube" how to video for this, so you probably do want to pay an attorney around $600 give or take to do this the right way for you, BTW, this might not take "her name off" the mortgage and note, if there is one.See question