Full question:
I need to have county court rule on a road closure. Road is on private property. Owner (uncle) closed for spite. My grandfather owned property and road was open for 50+ years. How do I go about putting my complaint to open back up road in front of court?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Florida
Answer:
You can argue that you have an easement, of which there are many types. There is a good entry here:
http://en.wikipedia.org/wiki/Easement
More information can be found here:
http://www.google.com/search?q=easement
How to put your complaint in front of a court is the sticky question. Hundreds of variables are involved, many of which require legal judgment and advice that we cannot give you. You need to have a sit-down with a local attorney, fully explain the situation, and also explain that you can't pay more than (your limit) to get this resolved. There are several steps short of going to trial that you should try, and that will cost you a lot less.
A letter from an attorney can be powerfully effective in getting someone to change spiteful behavior. A local attorney will write and mail such a letter for you for a small fee. It may resolve the problem completely. If that doesn't work, a second, more detailed letter can be written, including a draft copy of a complaint to be filed in court if your uncle does not comply. The second letter can explain that you will seek to recover attorney fees, etc. Make it clear that this will be very expensive for your Uncle. If that doesn't change his behavior, you are going to actually have to file suit, jumping through all the procedural hoops. You really need an attorney in order to do this right, and it is going to cost you (and there is no guarantee that you can recover your attorney fees, even if you win - and winning is never certain).
So talk to a local attorney (or several of them) about this, and especially about cost. If a certain attorney is not able to help, ask for a recommendation for someone who would.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
