- This topic has 37 replies, 12 voices, and was last updated 10 years, 1 month ago by NotCranky.
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March 14, 2014 at 10:51 PM #21007March 14, 2014 at 11:16 PM #771873patbParticipant
yeah, you need to talk to an attorney
March 15, 2014 at 12:47 AM #771877CA renterParticipantWow, what has your neighbors so worked up? Is the easement right up against their houses or something?
I’m sure you’ve already thought about this, but have you tried to talk to them nicely about what you could do to make them feel better about the easement issue?
If they aren’t willing to talk, I think you might have to talk to a lawyer, unfortunately. I’d hate to see you spending thousands of dollars trying to fix this mess. Good luck!
March 15, 2014 at 6:41 AM #771882moneymakerParticipantI don’t think threatening restraining order will have any weight, do it or don’t do it, but don’t threaten. By all means talk to a lawyer first. Maybe they have a meth lab going!
March 15, 2014 at 7:36 AM #771883scaredyclassicParticipantPinned by vehicles with gun display is a crime in CA.
False imprisonment, criminal threats, brandishing, assault with a deadly weapon, extortion come to mind.
Why did you not call the cops?
March 15, 2014 at 9:36 AM #771886NotCrankyParticipant[quote=scaredyclassic]Pinned by vehicles with gun display is a crime in CA.
Why did you not call the cops?[/quote]
The police do not care what people say or do if you don’t have proof. I don’t think they care about proof of what people say at all although I don’t recommend trying to threaten to kill one of them. I don’t go out there alone for now , it’s pretty isolated. He had the gun on his property, which is where the part of the easement is that needs some work. He didn’t point the gun at me but had it displayed on a flat bed of this ranch type utility vehicle. He has made a ton of threats including getting a hit on me( multiple times).
He does point the car/truck/utility vehicle at me and /or park it in ways to block my ability to move either walking , or if I have a vehicle myself, my ability to drive it normally.
Even yesterday when this came to a head he was pretty aggressive with the car twice. Putting his finger in my face and calling me everything nasty a person could think of. I guess his wife was filming me from the bushes, he said she was, as he was trying to start a fight…I was very polite and would love to have that video.
Restraining orders are lame. Judges can really do bad work…It would probably just escalate a feud and do nothing else. I don’t think he is going to hurt me unless he gets too carried away with driving the car aggressively. He seems more careful about threats, but not name calling flipping me off when cars pass etc. I don’t want to deal with someone trying to provoke a fight with me. I think two of the parties are capable of making up lies and civil court cases together…not sure, but I think they could try to invent some harm just to try to burn me out in court or try to taunt me into doing something…seems like the next “logical” step and a potential MO for one party.
I don’t know about meth labs…It’s just the garage , it’s a large garage , very nicely constructed, with the large doors opening to the side property line at a very close distance. They could very realistically have to tear it down if traffic increases and more attention gets drawn to it. This is the person who constantly and unsuccessfully has been trying to push some environmental issue.
For the other parties it’s desperation to have the privacy, as much as possible. They are afraid that if one family makes it through it will become an “expressway” or something like that. I have made it through on paper and they are trying to stop me and all allowable vehicles , UPS, Guests, Tenant, Trades, from using the road.
I did not exercise very good people skills with the extremely rude person at first. I have a hard time doing that when people are threatening to kill me and interfering with an investment like this , but I was wrong in some ways anyhow. I didn’t make any threats but I laughed at his threats and ignorance that he kept throwing at me about easements. I brought the county into the picture when he did some work that effectively sabotaged the road and we couldn’t work it out. He has a very bad feud mentality and is pushed by the other two.
Sometimes I think I should just wait them out and have done that at times to avoid the conflict. I don’t need the road now and the easements can’t be voided by non-use. It’s more like a what if I had to sell situation and even then it wouldn’t make much difference.
Definitely have to follow-up on this alleged petition for a habitat designation. I can live with it if it were correct, but if a file is opened on it I am going to try to steer the state to a correct and legitimate course of action against it, since it seems completely wrong. I am pretty good at this type of thing. If I have a video of him lying to me about that and calling me all kinds of names, to go with the extortionist letters, it possibly could help with something a lawyer could do. I think I will show the recorded verbal abuse and the letters to the police too. There is already one police report and it adds to that if the police are willing to do the work.
I don’t want to press charges on anyone, I feel sorry for these people in a way. They seem so desperate and the garage issue is a real bummer. Everybody has some good and bad in them. I sure wish legal action, or sitting on the sidelines weren’t the only two options.
March 15, 2014 at 10:23 AM #771887paramountParticipant[quote=Blogstar][quote=scaredyclassic]Pinned by vehicles with gun display is a crime in CA.
Why did you not call the cops?[/quote]
The police do not care what people say or do if you don’t have proof. [/quote]
I think there’s an app for that…
You do have a smart phone, right?
March 15, 2014 at 10:47 AM #771889NotCrankyParticipant[quote=paramount][quote=Blogstar][quote=scaredyclassic]Pinned by vehicles with gun display is a crime in CA.
Why did you not call the cops?[/quote]
The police do not care what people say or do if you don’t have proof. [/quote]
I think there’s an app for that…
You do have a smart phone, right?[/quote]
Yes I just got the idea to record him for the first time yesterday. Turned off the phone before it got really good at my wife’s desire and because he was grabbing at the phone. That was a mistake. I wasn’t even aiming the phone in the right direction but I have some audio of the verbal abuse tirade and the claim about the habitat designation.
Still everyone else given the context and past police report see the letters saying
“Sell me your rights and our problems will be over” as a threat and perhaps extortion but the cops probably don’t. I am going to ask the police to ask for his video. He probably doesn’t have to give it to him even if they do ask. Good chance he was lying about the video but he was sure trying to get me to fight , so it could be true. Maybe he wanted to do a kind of stand your ground fraud for all I know.
He was cussing me out and putting his finger in my face with his car way too close after approaching way to fast, and for a while , while doing this, yelling that he feared for his life!Then after fearing for his life he went home and came back with some kind of supposed proof of the habitat thing and more insults, catching up to us walking home! Yes, I should have had my phone on!
March 15, 2014 at 10:51 AM #771890CDMA ENGParticipantWHAT THE FUCK IS WRONG WITH YOU?
Sorry… Just wanted to get your attention with that statement.
Cars have pinned… Guns have been displayed… and you feel sorry for them?
You need to start worrying about your physical safety and not their feelings!
My advice is this will never end. The “McCoys” in this story have shown nothing but poor judgement and will continue on. Forever you will find damage property and subtle forms of intimidation… If not out right violence.
Get out! There is no reasoning with these type of small minded people and they probably live for this kind of drama.
Though I hate to tell you to give in to bullies I would tell them if they want the property back then they will need to buy all of the property from you and at a premium… Say 10 to 15% over market.
That will forever ensure they have control over their little piece of earth otherwise you will have to sell it to some other poor soul that will go through the same.
Either that or sell it to some White Power Biker Gang that will give them a dose of there own medicine.
Otherwise file a restraining order with the Sheriff to start the documentation of harassment, hire and attorney, arm yourself, and hope for the best (which probably won’t happen).
Best of luck…
CE
March 15, 2014 at 10:54 AM #771891NotCrankyParticipantTrying to decide if I should email my report and video/scanned letters to the sheriff or go down to the substation or both, Email could put a lot of details into the system that the officers may not want bother with.
March 15, 2014 at 10:54 AM #771892NotCrankyParticipantdelete
March 15, 2014 at 10:57 AM #771893NotCrankyParticipant[quote=CDMA ENG]WHAT THE FUCK IS WRONG WITH YOU?
Sorry… Just wanted to get your attention with that statement.
Cars have pinned… Guns have been displayed… and you feel sorry for them?
You need to start worrying about your physical safety and not their feelings!
My advice is this will never end. The “McCoys” in this story have shown nothing but poor judgement and will continue on. Forever you will find damage property and subtle forms of intimidation… If not out right violence.
Get out! There is no reasoning with these type of small minded people and they probably live for this kind of drama.
Though I hate to tell you to give in to bullies I would tell them if they want the property back then they will need to buy all of the property from you and at a premium… Say 10 to 15% over market.
That will forever ensure they have control over their little piece of earth otherwise you will have to sell it to some other poor soul that will go through the same.
Either that or sell it to some White Power Biker Gang that will give them a dose of there own medicine.
Otherwise file a restraining order with the Sheriff to start the documentation of harassment, hire and attorney, arm yourself, and hope for the best (which probably won’t happen).
Best of luck…
CE[/quote]
I appreciate that, they are not offering to buy my property just some vague written interest in buying me out of the easement….probably chump change low ball.
March 15, 2014 at 2:34 PM #771896spdrunParticipantOption 1: Offer them a legal agreement that the easements will not be improved for the next 10 years in exchange for them paying you 50% of the price you paid for the easements.
Or offer that any road built on the easements would be solely for the use of the residents of your parcel, and that UPS deliveries, tradesmen, etc, would be required to use the existing road. Agreement could stipulate a locked gate (installed at their expense), for example.
Assuming you’re dealing with people with a shred of rationality, anything is negotiable.
Option 2: Video, video, video. Use an app that uploads time stamped video directly to a cloud server. If you catch them brandishing a weapon on video, FILE A POLICE REPORT, or (if the police are unwilling to act) speak to someone at the prosecutor’s office directly and press charges.
Sounds like their harassment has moved into the realm of criminal activity — you might be able to skip the restraining order part and have them arrested. Once they’re arrested, you can ALSO get a restraining order, and the fact that they’ve already been arrested for harassing you will be great grounds for doing so.
If they’re hardened thugs, they may not care. If they’re just bullies who’ve been allowed to get away with their abuse for too long, a night in jail might change their outlook entirely.
March 15, 2014 at 4:34 PM #771897CDMA ENGParticipantSo this is your primary residence then…
Tough situation…
I think SPDRUN was spot on about offering segregated access to the easement.
Not sure this would chill him out but this is a good start. If he rejects it and you have to drag him into court it shows good faith on your part.
Watch out… I didn’t know you had George “Stand your Ground” Zimmer for a next door neighbor.
As Uncle Joe always said “Kill them with kindness until you actually have to kill them…”
Take Care,
CE
March 15, 2014 at 4:57 PM #771898NotCrankyParticipantNo arrests so far, when he came out with a gun to diffuse the situation I told him to go call the cops if he couldn’t deal with things. He did, and the police were completely unimpressed by any thing either of us had to say. They would not tell him to leave me alone even though he admitted I had rights to be doing what I was doing. They simply said he doesn’t have to listen to them. They may have told him not to give the impression of trapping me with his vehicle or they may not have. They do not want to deal with any of this kind of garbage. 99% of it does not end with someone actually shot even though a lot of it does because there are so many semi-crazies. Who knows what kind of lies the other guy tells the cops.
All the worst threats were when I was alone but the police told me they really didn’t care even if there were witnesses …the guy has some skill at trying to manipulate people sort of getting in trouble. The cops really want this stuff to go to civil court. Maybe after an injunction or something like that they would care more. There is so much of this stuff and so many people like this…when you call them they just treat you like you are as much a part of the problem as the other person.
I have talked with a lawyer even before the coercive letters and more harassment. He basically said what someone else on this thread said…court, even when you prevail doesn’t make a leopard change his spots…
A lot of people think video is the thing , the police tell people to take video, of course they do, but they want videos of hard core crimes not intimidation/bullying or even blatant verbal threats, yes he tried to slap the phone out of my hand it’s pretty evident on the video but not perfectly, but the cops won’t care!
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