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Q: Legal strategies to address perceived court bias in adverse possession case.
I am facing an ongoing issue with adverse possession involving my neighbor, who broke down a fence to use an easement on my property before I bought it. Despite court proceedings since 2018 against my neighbor, the judge consistently sides with them due to nepotism issues. The judge overlooks fraudulent documents presented by my neighbor, and we are unable to address these properly in court. I've already changed attorneys once and currently have another attorney, yet the bias persists. I obtained a certified letter from CRIM affirming my property is private, and both mensuras support this. What legal avenues or strategies are available to effectively address perceived bias from the court? Our next court date is scheduled for September 23, 2025.
A:
It can be very discouraging to feel like the court is biased against you, especially when you believe the evidence is on your side. In situations where a judge’s impartiality is in question, one legal option is to file a motion to recuse or disqualify the judge. This requires showing a reasonable basis for why the judge cannot be fair, such as nepotism or a conflict of interest. Even if such a motion is denied, it creates a record that you raised the issue, which can be useful if you later appeal.
Another important strategy is to focus on preserving every possible objection for the record. If the judge allows fraudulent documents or ignores valid evidence, make sure your attorney clearly states objections during proceedings. This creates a detailed record for an appellate court to review later. Appeals courts are often more willing to act if they see that the trial judge repeatedly dismissed relevant evidence or appeared partial.
You already have strong supporting documents from CRIM and certified mensuras, so ensure these are properly introduced and emphasized in the case. If you feel your attorney is not forceful enough in preserving the record, discuss this directly and insist on a clear strategy for appeal if the bias continues. While you may not be able to control the judge’s behavior now, building a solid record and raising the issue of bias formally are the best tools to protect your property rights in the long run.
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