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altering agreement for judment

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Old 06-29-2008, 09:28 AM     #1
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Exclamation altering agreement for judment

I had been representing myself in a case where my rights in an easement were being questioned. Not by the owner of the easement, but another neighbor who also had an easement over the property. As part of the judgment a driveway easement plan was submitted by the plaintiff's lawyer and an agreement was reached. I retained all my rights to use the easement but did have to move a portion of a rock wall that encroached by 1 foot into an 18 foot wide easement/driveway. The original court date was December 11th of 2007 at which the plaintiff's lawyer submitted the driveway easement plan which marked where I needed to pull back the wall. The surveyors were to finish demarking the stretch of driveway over the next month or so to provide a more detailed distinction of the wall within the easement. After this detailed survey was done, I was then to move the wall by the 15th of May.

On June 16th I received a registered letter in the mail by the plaintiff's lawyer with a new plan that they were submitting to record at the registry. The letter stated that this plan would be recorded in connection with the settlement agreement and that the surveyors would be out to the property on June 19th to mark the property.

I was told that I was in violation of the agreement as May 15th had passed and asked when I was planning on moving the rock wall. Further to this I reviewed the plan being recorded and there were additional conditions put into the plan that had me moving the rock wall in front of my property (on the public way and not encroaching the easement) another 20 feet at the beginning of the easement entrance. "This would allow them to round off their entrance to the easement." I never agreed to this and it is not what was submitted on the original plan. As ridiculous as this may sound the entrance to the easement would then be 65 feet wide. (65 feet is not a typo, the width of the public way is only 22 feet.)

What are my legal options?
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