The court proceeding would not prosper for lack of cause of action. The main case is about the alleged fraud committed by Mr. Jones for failure to report an easement on a property that did not belong to him. The proper party in the given case for the easement should be filed against the owner of the subject property and not against Mr. Jones who was a mere developer. The facts of the case were clear that Mr. Jones was a mere developer and a developer does not necessarily have to be the owner of the property. The City cannot just close down the subdivision and/or the business of Mr. Jones without due process of law. It is a fundamental principle in law that ‘no one should be deprived of life, liberty or property without due process of law’.
The City cannot charge Mr. Jones for fraud against a municipality for the alleged concealment of the utility easement. The law grants the right of easement to any person, whether juridical or natural, who is legally entitled to it and Mr. Jones did not deny this right since the city has not yet discovered the need for the utility easement. The property owner cannot deprive the person seeking this easement if there is sufficient proof that the easement should be granted. The case of the citizen of Switzerland would not prosper either for lack of cause of action.
The parties in any given case are always encouraged to settle their differences through non-litigious means. One way of settling the above disagreement is through dispute resolution. In an ‘alternative dispute resolution’ the parties would be asked to present their side before a competent third party who would then be asked to determine the respective rights of the parties and decide on the case based on the evidence given. In this case, the parties would be able to save time and effort since they need not go through the court for the resolution of their case. The parties also have an option to enter into a compromise agreement that would allow them to settle the issue amicably.
- Alternative Dispute Resolution (ADR) – Definition. Retrieved from http://www.hg.org/adr.html.