DEFINITIONS OF COMPLAINTS
HYPOTHETICAL QUESTIONS
DEPO PREP
INTERFERENCE WITH EASEMENT
• Simple meaning: Someone blocks or messes with another person’s legal right to use a path, driveway, or strip of land.
How it could apply to the buyers (3 examples)
1. The buyers put up a locked gate across a path neighbors say they’re allowed to use.
2. The buyers stacked rocks or plants so cars can’t pass on a shared driveway.
3. The buyers took down a small bridge neighbors say they need to cross.
Your mom’s role as a witness (3 examples)
4. She can say what the path/bridge/signs looked like when she owned the place (2019–2021).
5. She can say if she ever let people use the path or ever blocked it.
6. She can share photos, texts, or emails about the path, the bridge, or any “Do Not Cross” signs.
“Tricks” buyers’ lawyers might use to blame mom (3 examples)
7. Try to get her to guess about years she didn’t own the home.
8. Try to make her say there was “no problem” so it sounds like buyers didn’t cause anything.
9. Try to make her give a legal opinion like “That was not an easement.”
Safe responses
Stick to “what I saw,” “during 2019–2021,” and “I’m not giving a legal opinion.”
PRIVATE NUISANCE
• Simple meaning: Someone does something that seriously interferes with a neighbor’s use and enjoyment of their land.
How it could apply to the buyers (3 examples)
1. The buyers’ fence or gate forces neighbors to take a risky path.
2. The buyers’ actions cause repeated noise, dust, or water problems next door.
3. The buyers block a long-used walkway so people keep climbing around it and getting hurt.
Your mom’s role as a witness (3 examples)
4. She can say if these problems existed or not when she owned the home.
5. She can say if neighbors complained to her about the path, bridge, or access.
6. She can point out signs or barriers she used to warn people (like “Do Not Cross – Dangerous”).
“Tricks” buyers’ lawyers might use to blame mom (3 examples)
7. Suggest she created the problem first and the buyers just inherited it.
8. Push her to say she knew it was dangerous but sold anyway.
9. Get her to call it “constant” so it sounds like it was always bad before the buyers.
Safe responses
“During my ownership…,” “I didn’t see that,” “I don’t recall that,” and let documents speak for themselves.
QUIET TITLE
• Simple meaning: Asking the court to decide who has what rights in land (who owns what; who has a right to pass).
How it could apply to the buyers (3 examples)
1. Buyers say no one else has a right to cross their land.
2. Neighbors say they do have a legal right (an easement) to cross.
3. There’s a disagreement about where the line or path really is.
Your mom’s role as a witness (3 examples)
4. She can describe what she believed about the path while she owned the home (without giving legal opinions).
5. She can identify disclosures, title reports, or maps she saw or gave buyers.
6. She can say if any neighbor claimed a right to cross during 2019–2021.
“Tricks” buyers’ lawyers might use to blame mom (3 examples)
7. Ask her to state the law or decide who “really” owns the right.
8. Make her read a deed and “agree” it means X or Y.
9. Suggest she hid important information from buyers.
Safe responses
“I’m not a lawyer,” “I can read the paper, but it speaks for itself,” “Here is what I personally saw.”
DECLARATORY RELIEF
• Simple meaning: Asking the court to say, in plain words, who can do what (for example, “Neighbors may use this path,” or “They may not”).
How it could apply to the buyers (3 examples)
1. Buyers want a ruling that no easement exists.
2. Neighbors want a ruling that an easement does exist.
3. Either side wants a ruling about where the path starts and ends.
Your mom’s role as a witness (3 examples)
4. She can share facts that help the judge understand how the path was used in 2019–2021.
5. She can say if anyone asked her for permission to cross.
6. She can share any City/County notes, photos, or letters she has from that time.
“Tricks” buyers’ lawyers might use to blame mom (3 examples)
7. Get her to “agree” with their legal conclusion.
8. Lead her into yes/no answers that sound like she supports their side.
9. Mix dates so it sounds like she’s talking about times after she sold.
Safe responses
Keep answers short. Correct date mix-ups. “I can’t answer legal questions—only what I saw and did.”
TEMPORARY RESTRAINING ORDER PRELIMINARY PERMANENT INJUNCTION
• Simple meaning: Court orders to stop someone from doing something or to make them undo it (now, and possibly for good).
How it could apply to the buyers (3 examples)
1. Court orders buyers to unlock or remove a gate blocking the path.
2. Court orders buyers to put back a safe crossing.
3. Court orders buyers to stop new work that blocks the route.
Your mom’s role as a witness (3 examples)
4. She can say whether blocking happened during her time or only after.
5. She can say if danger signs or barriers existed and where.
6. She can explain if blocking the path caused real-world trouble she saw.
“Tricks” buyers’ lawyers might use to blame mom (3 examples)
7. Claim she removed signs or barriers and caused later harm.
8. Claim she told buyers there were no issues.
9. Push her to admit “urgent danger” existed while she owned it.
Safe responses
Don’t guess. If you don’t remember, say so. Keep answers tied to your dates of ownership.
QUIET TITLE PRESCRIPTIVE EASEMENT
• Simple meaning: A neighbor can earn a right to cross land if they use the path openly, without permission, for 5 years in a row.
How it could apply to the buyers (3 examples)
1. Neighbors say they used the path for 5+ years (before and after the buyers) so they earned the right.
2. Buyers say the use was not open or was with permission, so no right was earned.
3. Buyers say the use was interrupted (blocked) so the 5-year clock broke.
Your mom’s role as a witness (3 examples)
4. She can say if she ever gave permission to use the path (permission can defeat a prescriptive easement).
5. She can say if she ever blocked the path (blocking can break the 5-year run).
6. She can say what she saw about how often and how openly people used the path.
“Tricks” buyers’ lawyers might use to blame mom (3 examples)
7. Try to pin her to “always” or “never” statements that are too strong.
8. Try to make her say she knew about a legal right (when she only knew facts).
9. Try to get her to agree she hid path problems when selling.
Safe responses
Use careful words (“as far as I saw,” “during my ownership”), and avoid big words like “always/never.”
SPECIAL ISSUE THE OLD SLIP-AND-FALL AND SETTLEMENT
• Simple meaning: Someone got hurt before mom owned the home; there may have been a payout or agreement.
Why buyers’ lawyers might ask
1. To say problems existed before buyers, so buyers aren’t to blame.
2. To show everyone knew the path/bridge was being used.
3. To suggest mom should have told buyers more before selling.
Safe responses for mom
4. Only talk about what you saw or were told during your ownership (2019–2021).
5. If asked about settlement talks or “mediation,” wait for your lawyer’s instruction; many of those communications are private.
6. If shown a document, read it, answer only what it says, and don’t guess about things you don’t know.
GENERAL DEPOSITION SAFETY RULES EASY TO REMEMBER
1. Tell the truth. Short answers are best.
2. Only answer the question asked. Don’t volunteer extra stories.
3. If you don’t know or don’t remember, say “I don’t know” or “I don’t recall.”
4. Keep your time box: “During the time I owned the property (2019–2021)…”
5. Don’t give legal opinions. You are a fact witness.
6. If a question is confusing, ask them to repeat or explain it.
7. Documents speak for themselves. Don’t add meaning that isn’t written there.