While this blog is attempting to assist in settlement agreements and I could not agree more with it’s message, that the 4 points should be followed, in my case, it was impossible. No one could foresee that Noel Hines, the Plaintiff, would sabotage every attempt I made to complete my terms of the agreement and was not limited to his removal of the monument tags that defined the easement, cutting into my easement and overpouring concrete onto the area that I use to ingress and egress my garage.

The judge, Richard Wolfe, did not follow the Appeals Court orders to either enforce the S/A or find it void if the material terms were not agreed upon. A large part of this case was that I agreed to pour a neutral concrete material and not concrete. The Plaintiff would not allow me to comply unless I used concrete. Judge Wolfe only stated that he was ordered to enforce the agreement and nothing more. He seemed to ignore that there were no markers that designated the property lines. This was a huge failure on the Judge’s part and very frustrating for me. If you don’t know where to perform, then you cannot perform.

As soon as the Plaintiff, Noel Hines, agreed to allow me to remove his overpour, I completed my terms. I also had to pay for the Surveyor to remark the easement even though Noel Hines maliciously removed the tags.

It’s true, you can never really know if your opposition will comply, but in my case, this became a very long, drawn out problem when the Plaintiff, Noel Hines acted dishonorably. The Appeals Court did award me my costs.