Legal Question in Criminal Law in Virginia

I don't have any protection !

my husband bought some land and it had been recently surveyed...the front boundary was the creek as it meandered.The landowner from acoross the creek came onto our property about 8 ft in ..and cut trees and erected a fence.we sent a certifed letter stating to remove and not to tresspass again.they came back onto it so we took a tresspass charge.went to court with a cretified survey from the clerks office.The judge ruled we couldnt use it and stated he had a problem also with the moving of the creek in time ...but the survey says the center was the boundary as it meandered.he said to take it to civil court to establish boundary.

in the meantime ..they have been back more ..and i was shot at on my property.with this ruling i have no way to keep them off .with civil it could take several years plus about 7 thousand.what recourse do i have to keep them off? with this ruling they can go anywhere on my property and all i can do is watch.i think this ruling is wrong ...and would like to know if anyone looks at rulings by judges? Can anyone give me advice?


Asked on 10/23/05, 9:43 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I don't have any protection !

Bad judge, no donut for not doing Job 1, homicide prevention. Sometimes it seems that the courts have a special talent for protecting and enabling the nasty neighbors / abusive parents / battering spouses of this world. This is why, if there is any justice, the meek ought to inherit the earth. No matter what happens, you must not return fire, erect punji sticks, or otherwise escalate the situation. You will be the one who goes to jail. Remember that the trespass case was a criminal case and the burden of proof is higher than in a civil case (proof beyone a reasonable doubt). I am surprised at your question since most real estate buyers in VA retain an attorney to protect them. You may have a title insurance claim; or a malpractice claim against the lawyer, if any, who represented you; or possibly against the previous surveryor. Probably you will also need to sue the bastard on the other side of the creek. The reason the survey may have been inadmissible in court might be that you would need to have a surveyor testify in court as an expert witness. You need to retain a real estate lawyer in your locality. Good luck.

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Answered on 10/24/05, 2:00 am


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