OT: Should I request mediation or try to get a restraining order…

[NotCranky]

I appreciate that nsr, you are talking about the only way that makes sense.

I am happy about the airing out going on here….and it’s real estate related!

I am a little bit of fish out of water interviewing litigators, would be happy for any tips….maybe change the subject here to that? Any expertise greatly appreciated. My first idea was to have the litigator contact the offensive parties and ask them to go to mediation. …but I don’t really know.

[NotCranky]

[quote=Hobie]I would skip doing the improvements yourself and pay a crew. One day, done.

Your time on the easement would now be limited to your transiting. Makes it harder for him to harass you.

But be prepared to when he parks some vehicle at the road entry blocking your access. You know, “it just ran out of gas” Maybe some sign notice is necessary: “Video recording in progress” and “Blocking Access will be towed at your expense”

Sounds like security cams would be prudent.[/quote]

I will skip doing it myself , but do it in conjunction with a heavy equipment operator I know, really just a bobcat is all we need. I want to manage material purchases, county interface etc.

I don’t believe I can put that signage, not sure. It sounds spite based to some degree I don’t want to be in revenge and provoke territory. With a restraining order he would not be so foolish to continue outright aggression, I don’t believe it but then I am not him, LOL. . Maybe some symbolic secret sabotage here in there nothing that could not be shrugged off. That’s how these things tend to go down.

I am sure he would like a restraining order against me. I don’t think he has anything but maybe people try to make it mutual if they are losing….I have to be ready to tolerate that ….not a fun thought.

None of these people have ever threatened me on my property except to the extent that the easement is my property. A video system on my property can not cover the remote easement area. A cell phone or on-car video system is what I can use. It makes it difficult for the police because we are both in our rights to be there. Harder to do anything about even compared to public property.

[no_such_reality]

It kind of depends, once it’s clear you’re not going to take it and you’re going turn it right back, they may totally chill.

my general finding has always been the louder and more aggressive the person is, the more they really know they don’t have a leg to stand on.

Once the bluster doesn’t work, they’ve got nothing left and they know it.

Except that 10% that is just irrational and convince themselves ‘they’re right’. They end up on a mission from god.

[NotCranky]

Yeah, as long as we keep deities out of it we’ll probably be a few thousand bucks poorer and cool.

[UCGal]

Has there been harassment of the other owners of the easement? You mentioned there are 3 of you that share this easement.

Civil litigation is a bad place to be. (Remember, I’ve been there, done that in the past.) Mediation would likely be non-binding, so I don’t think that’s a solution.

Good luck with this.

[NotCranky]

He has bullied one elderly man, I hate to say it but the elderly man (allegedly) put him in his place. How that happened I don’t know but I was told the guy was threatening and crowding the older man. He now uses the road. The older man was clearly establish on the original short easement , his dad built it! I don’t talk with the elderly man because it pains him, all this trouble. I think we are o.k we would talk to each other but I know my involvement with him in this , even though we were getting along o.k. has strained him at times and I will not do that again. I have a lot of friends /allies in the neighborhood but none of them have a stake in the easement section where their is trouble.To tell you the truth though the neighborhood is really dysfunctional! Lots of fighting, reporting, fearing, maybe hating!

Only two people who actually use the easement have been directly involved with making trouble. The original one did everything in their power to stop me from getting the easement for years until I finally did. Once I got it they tried to get me in trouble with the county for grading my road on my property to connect through …or maybe the woman with the garage did.(did a light bulb go on?) That grading issue was a big fight but I won with the help of Dianne Jacobs with no real damages and without going to court. These two are working together. I am pretty sure when I go out there the one with the better vantage point calls the bully.

The most troublesome one is the guy that is really harassing me when I go out there. He is the one who bought away from an owner I was on very good terms with, who possibly sold in part because of these other parties. I pretty sure he was under similar kinds of harassment and being scared by the never substantiated often officially rebuked threat of environmental issues.

One person who keeps bringing the environmental thing up doesn’t own or use the easement but has the garage very near the property line , or if what I was recently told is true, actually in the easement.

I loathe court proceedings, my wife even mores so, but this will not stop, everybody knows it. If the physical stuff does, stop because of police calls or whatever, they will do something else.

Trying to work up the nerve to call the litigators, talk to a few anyway. I am trying to learn a little bit so there is less chance by getting ripped off by a lawyer. They might have some ideas…and help convince me of one course of action over another….

Mediation is not binding, but shows good faith and hopefully really is done in good faith . Some people use it to get something they don’t deserve. I believe I would have to give up something I should not have to if mediation were to be “successful”. Basically cooperate with extortsion with no guarantee that the harassment(s) won’t continue. That’s my take on mediation.

[NotCranky]

My wife ask the question ” have we made it very clear that this person is to stay away from us and that we don’t want to talk to him?” Can I have him officially served with a completely un-ambigous statement about what I want from him in that regard. Maybe say in the absence of your willingness to deal with this situatipn in a safe manner, do not talk to me approach me or especially touch me. It is against the law to deface my work in the easement… If wish to communicate over this issue begin with my lawyer or your own. Thank you!

I say officially served because he won’t pick up certified mail. Would a message like that be useful?

[NotCranky]

O.k. Talk with an attorney enough to know what I am going to do.

I am going out there and fix the road. I am going to be calm patient and friendly to this person and tell him to go away if he doesn’t act the same immediately.

I’ll let him test my space if thats what he wants to try again. If he forces me to defend myself I will try to continue to be nice and not hurt him too much. I can fight pretty good and who would prevail has never really been and issue.

I’ll have to watch the car thing . The sheriff probably told him to knock it off and it’s like he will comply. But if he does it again I will be ready to move away because I can see him coming from a distance and call the sheriff again.

I think it’t better to let the neighbors go after a lawyer if they want to, they have nothing to stand on and I have a lot on my side to possibly get a counter suit or prejudice of some sort. Let the Judge decide what’s going on at that time though.

My homeowners policy specifically names these three easement sections by parcel number and a brief description. I had my agent do that as soon as I was finished with the title company. Thinking about legal defense insurance if just to cancel in a few months when things cool down.

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