Legal Question in Real Estate Law in Maryland
On my plat I have a 10' right away that was agree to with my neighbor when I bought the property.
When he passed away I wanted to close the right away. A lawyer told me to put up a gate and no Trespassing sign and that I needed to close the road one day a year to show control. After nearly four years the new neighbors are taking me to court for undue hardship. They feel they have a fifty foot right away
Because the plat says 10� right away with a 40� widening strip. When I bought the property I could have subdivided the property as a family conveyance , but if I did I would have had to widen the road thus the widening strip. Laws have changed and now my property couldn�t be subdivided because the lot size is to small. When the neighbor inherited the property they had three right ways on the other side but wasn�t convenient, they subdivided and now they say both property�s have a 50� right away. I hired a lawyer but no longer work due to an accident and can not afford one. The hearing is set for June 2011, they have cost me several thousand dollars buy calling the county for a garage I was building last year saying it was 12� from the property line instead of the 15� where I had to hire a surveyor to prove I was 15� which I was. Then the law suit which was answered in December 2010. My question is can I file a motion to counter sue for costs associated with the false complaints and lawyer fees I had to pay ??
1 Answer from Attorneys
The only way you can ask for costs is if the other party has been overly litigious, stubborn, unreasonable in the way they have prosecuted their case. It's a tough standard to meet and your problem is that it sounds like the plaintiffs are within their rights to do what they are doing. YOU NEED TO HIRE A LAWYER regardless of the price -- sell your 2nd car, take out a second mortgage, pick up a new job ASAP.
Best of luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
