My goal is to build a small hotel or rental complex right after.

@Susan Maneck - Yes, eliminating your rent can be a huge form of "yield", living in your property gives you huge tax incentives upon sale and in New York you would rather avoid anything over 4 units due to rent control and rent stabilization complexities as a newbie investor.

The attorney said that in court he will win because the easement agreement has a mistake in it and the judge will take the side of the neighbor since they had a fence there for already a long time.

For instance because seller thinks their complex that has low rents and needs work is worth what the town has it at, which is assessed on the high side of the market and doesnt take into account how commercial multifamily is evaluated.

I want this guy out NOW rather than wait for a court date.

I had a misunderstanding to the problem as my experience with divorce was practically none, essentially the court was trying to split everything they had, and the judge took the ZESTIMATE + the rental income for the house and that's what she assessed it as.

So I just go straight to court and file the compliant? 

None of my arguments will stand up in court or against the IRS.

It might make the difference of them picking your place over a big apartment complex.

In Destin, Florida, there are many complexes that don’t limit short term rentals and can be great investments, even with an HOA.