Tue 10 Oct 2023 13 48 53 0000 Your Deposition 18B19D95 2¶

Here is a copy of your deposition. You can deduct the late fees from your payment and I will pay them since
 I did not follow up earlier.

       You said that you wanted to see the proposal for the settlement in writing. No one is going to draft a comprehensive settlement agreement unless we have a deal. The deal is this:

 At the back of the yard they will move the property line  2' 8". Where the gate is located the property line will move 2'5" inches to where the present post for the present gate is. The property line will move from the point of the gate post to the road 2'5" from the current property line.

     Mr. Sweatman will pay for and install either a matching fence or a matching fence and gate from his gate post to your house. Your choice you may choose either or nothing.

     He wants you to put a drainage pit that is dig a hole about 18 inches deep with sand and gravel under your three downspouts. It probably will not really help anything. But since it does not cost more than about hundred dollars if it makes them feel better, it shouldn't be a deal killer. Plus, if anything it may help the water between houses.

      A new deed will be drafted and signed by him give you the property. Whatever needs to be done to get that accomplished that is drafting, surveying, and whatever else will not cost you anything someone else will be paying for it.

      Mr. Sweatman will be paid a settlement amount. That expense will NOT BE BORNE BY YOU. The insurance companies will pay it.

       The signs will come down. Neither of you will point cameras at the other person's house.

       Mr. Sweatman will not do anything in the future to redirect any more water toward your house already flowing toward your house.


         As I told you, yesterday I spoke to your engineer, Lee. He told me unequivocally that Mr. Sweatman and his property has nothing to do with your problems you're having with the city regarding your property near the main road. He is willing to explain that to you.   He has very little to offer in the way of proof that Mr. Sweatman is causing excess water to flow onto your property. Once they take his deposition on Thursday it will put them in a position of strength knowing that the nuisance claim will be dismissed. Right now neither one of you would be entitled to attorneys fees under the law. However you could be liable for attorneys fees for forcing them to litigate a claim that you know to be frivolous. As an attorney I can also be held liable for expanding litigation with a frivolous claim. I am afraid that after Thursday they will have more strength and may withdraw the offer to settle.

     Lee asked me to get you on a conference call with him to explain his opinions. You declined to do so..

       The offer is the most you could get a trial and you could get less, or worse you could lose, it would be a crazy bet to take.

        Finally, if the title insurance decides you are  not being reasonable and cooperating they could pull their coverage. I have told you that in the past and Brett told you as much last Thursday. If that were to occur, and I have no idea whether it would or wouldn't, and the expenses to you would surely rise.

      You stated that you want to wait until sometime on Wednesday to decide whether or not to settle. You claim that this is because you are waiting to see if the city of Brookhaven has some kind of documents that implicate Mr. Sweatman. They don't. The problems you're having with your lower yard have nothing to do with this case or
Sweatman. The engineer is express that opinion as an expert, and any layperson would think that the engineer's opinion is just common sense.

       If you insist on going to trial for the unprovable water claim, which is frivolous, I will not be able to continue to represent you. You've asked multiple times why we don't file a motion for summary judgment. It is simple: the most you could get out of summary judgment is a ruling that the property line inside the fence would  be moved to its original position. This is what they are offering. It would be an insanity to spend 10 or 20 hours to get a partial judgment on when they are offering more.

       It is in your best interest to accept the offer and not accepting it could be detrimental to your interests. Brett has the same opinion. I need to call Lisa today since I promised I would call Monday am.  I need to contact her  before they spent money preparing for the upcoming deposition.

 Sincerely.

Jeff Banks
Banks and Riedel, PC