Jump to content
Sign in to follow this  
R. Stokes-Bolon

R. Stokes-Bolon

Recommended Posts

The law depends on the the state where the property is located, and you did not mention the state. However, you are unlikely to find a statute (not statue) that states this. You'd be looking for case law that would allow the neighbor limited access to the other property for that purpose. It is always better, however, to simply discuss the matter with the neighbor and work out a mutually satisfactory resolution to the issue of access to his/her property.

Share this post


Link to post
Share on other sites

State of South Carolina,  we have been to court two separate times, first time the neighbors lawyer added that his client could encroach onto my property and that was never said in the Court Hearing, but Judge signed the order, I guess without even reading it, as their were several items in the court order that were never said in the Hearing.

 

We went back to court, and instead of canceling the hearing, the Judge proceeded, even though I was told I was not answering his questions or talking coherently, and as it turns out, I was going into a diabetic shock.  But, anyway, I get a copy of the court of Order from the 2nd hearing and the Judge signs it once again without reading it and stating he can come onto my property and cut down my last tree and flowers that the Plaintiff had already destroyed 6 of my trees and several Rose Bushes and flowers, as they are in his way while he builds his fence. What ARE MY RIGHTS?

Share this post


Link to post
Share on other sites

There's no need to shout.

If you disagree with the court order, you can file an appeal.

There might also be a basis for a post-judgment motion in the trial court.

If you were represented in the hearing, your lawyer can effectively advise you on your options.

 

Share this post


Link to post
Share on other sites

Im not Shouting, I am asking for help.  I did not have an attorney, I cannot afford one, and I was told to come to this WebSite and would be able to get answers to my

questions.  I am frustrated and need some assistance.   I cannot afford $1,500.00 for an attorney, and what do you do when a Judge refuses to give you the Statute or the Law that says he can order me to allow the neighbor onto my property and that He turned and Stated "I Am the LAW".  What do you do then? Do I have any Rights?

Share this post


Link to post
Share on other sites
3 hours ago, R. Stokes-Bolon said:

Need the Statue or Law that States a Property Owner has to allow the next door Property Owner on their Property to Build a Fence

 

2 hours ago, R. Stokes-Bolon said:

State of South Carolina

 

FYI, the word is "statute," not statue.  That said, I'm not aware of any state that has a law that says what you wrote.  Why do you think South Carolina has or might have such a law?

 

 

2 hours ago, R. Stokes-Bolon said:

we have been to court two separate times, first time the neighbors lawyer added that his client could encroach onto my property and that was never said in the Court Hearing, but Judge signed the order, I guess without even reading it, as their were several items in the court order that were never said in the Hearing.

 

It's not uncommon for court orders to say things not said during hearings.

 

 

2 hours ago, R. Stokes-Bolon said:

What ARE MY RIGHTS?

 

Creating or trying to create a list of the dozens of legal rights you have would serve no useful purpose.

 

No one on this or any other website will be in any position to explain a court order we haven't read that followed a hearing we didn't attend and don't have a transcript of, and which was presumably based on briefs submitted to the court that we haven't read, and which occurred during a lawsuit you've told use precisely nothing about other than that it apparently concerns your neighbor wanting to build a fence between your properties and encroach on your property to do so.

 

Did you sue your neighbor or did your neighbor sue you?  What causes of action were alleged in the lawsuit?  Were the hearings you mentioned trials or something else (e.g., motion hearings)?  Who filed what motion(s) that led to the court ruling as it did?

Share this post


Link to post
Share on other sites

Thank you for responding.  My neighbor sued me, his attorney file a Summons and Complaint, and I answered.  We went to court, my water lines going into my home were

supposedly under his grass on his property, but since he Falsified the Property Line, no one knows exactly where the property line goes, without another survey.  Which I was

directed by the Judge at the first hearing to have one done After he finished building the fence.  But NOT once did he state that he could come onto my property to build the fence.  He was ordered to replace my water lines from the meter at street, to my shut off valve at my home.  This was accomplished, but I was not going to let him on my property to build his fence.  I read the transcript of the hearing and it was not stated anywhere that he could. 

 

We went back to court, and as I stated earlier, I unexpectedly started going into diabetic shock, something I never experienced before, and had no idea what was happening

to me, I know I was not able to answer any questions coherently, and the bailiff kept asking me questions and I could not answer and I only remember trying to ask the

Judge for the Statute or the Law, and he turned and yelled, literally yelled at me that "I AM THE LAW".  After that I don't remember anything until a very Kind Woman was

pounding on my car windows and yanking me out of my car, forcing me to drink some water she had and then a bottle of orange juice.  Thank God she found me, and that

she was also a diabetic and knew exactly what was happening to me.  She got me medical help and I was then able after 2 hrs to drive home.  Then had a neighbor take me

to my doctor for the next 2 hrs.

 

So, I have requested numerous times for a copy of the transcript, but his attorney refuses to get one, or even take my calls.  So, you are saying that there really nothing can

be done, and that SOB can come on my property, cut down a tree on my property so he can build a fence his property, because it is in his way and his attorney wrote in the

court order that he can remove and obstacle in his way on my property and a Judge signed that.  IS That Legal???  And, how can a Judge force me to allow him on my

property when a full and enforceable "No Trespass" against him.  The Police said they can overrule a Court Order, but yet when I brought it up at the first hearing, the

Judge then asked when I had it written.  I said 2 years before this whole mess started.   So, am just to sit and let him walk all over me, that I have NO Rights???

 

Just answer me that and I won't bother you again.   Thank You,  R. Stokes-Bolon

 

Share this post


Link to post
Share on other sites
41 minutes ago, R. Stokes-Bolon said:

So, you are saying that there really nothing can

be done

 

No one said that.

 

 

42 minutes ago, R. Stokes-Bolon said:

and that SOB can come on my property, cut down a tree on my property so he can build a fence his property, because it is in his way and his attorney wrote in the

court order that he can remove and obstacle in his way on my property and a Judge signed that.  IS That Legal?

 

If the judge signed it, it is presumptively illegal.  As mentioned in one of the prior responses, you can appeal the ruling.

 

 

42 minutes ago, R. Stokes-Bolon said:

And, how can a Judge force me to allow him on my

property when a full and enforceable "No Trespass" against him.

 

This is not a coherent sentence and I'm not sure what you're saying.

 

 

43 minutes ago, R. Stokes-Bolon said:

The Police said they can overrule a Court Order, but yet when I brought it up at the first hearing, the

Judge then asked when I had it written.  I said 2 years before this whole mess started.   So, am just to sit and let him walk all over me, that I have NO Rights?

 

Don't know what most of this means, but as I wrote previously, you have dozens of legal rights.

Share this post


Link to post
Share on other sites
2 hours ago, MiddlePart said:

Instead of

 

 

PG1067 probably meant to say:

 

If the judge signed it, it is presumptively legal.

 

Second time today I've done something like that.  Ugh....

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...