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NotCranky
ParticipantYou worry about your kids, the physical ones. I know they are going to take up some stupid thing like those guys flying around in jump-suits with wings sewn in on the sides.
NotCranky
ParticipantI think this stuff is pretty much set in their personalities when they are young like under 10.
If they are in supportive environments, if they don’t drop out between 10 and 20 for some distressing family life or other oppressive thing then they will hold onto the momentum. It’s something they need to do like breathing.All my kids are wonderful, of course, but they are different in levels of curiosity and topics of curiosity and things that make them tick in general…
They are different in their levels of willingness to do mental work and physical work.
One is very energetic with academics , but not a good worker on chores, Doesn’t even appreciate what other people do physically, he’s too good for that. Since he is scoring almost sophomore college level in reading in the 5th grade,and is doing all-around great in school, I am o.k. with it ..mostly. I worry about his health from being prone to sedentarism.
One boy works hard on chores and although doing pretty well in school, with the top three kids in his gate class he really isn’t very motivated and is a great worker outdoors and pretty physical in general.
The third boy is very good at both academics and general level of being physical, most of the time…can clown around a bit at home during chores, but is very curious about everything and works hard in a very natural way. Great little student. Most prone to autodidactism and experimentation.
March 16, 2014 at 7:16 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771938NotCranky
ParticipantYeah, as long as we keep deities out of it we’ll probably be a few thousand bucks poorer and cool.
March 16, 2014 at 4:43 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771932NotCranky
Participant[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.
March 16, 2014 at 4:01 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771930NotCranky
ParticipantI 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.
March 16, 2014 at 3:18 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771927NotCranky
Participant[quote=no_such_reality]JMHO, if your lead in position, is I’ve talked to the lawyer and have the legal right… well, you’ve got the legal right. And that’s all you’ve got. Now go beat your neighbor over the head with a legal right and see how neighborly they are.
[quote]The easements are not once in a life usages. They were created by my title company for me, with the previous owner for a 40′ wide road for [/quote]
Wait a minute, did I just read that right. You bought the easement from the prior owner. So these people that are harrassing you bought AFTER you bought the easement?If that’s the case, they’re idiot crackjobs. Still would be a nice courtesy to pre-discuss improvement with them.
They don’t happen to be preppers are they?
I also wonder if 40ft road easements were discussed during their purchase of the property.[/quote]
Yes, I bought the easement from 3 people, one sold to this hostile person. Nobody wants courtesy or respects it will never be nurture by parties involved for sure.
One would think he had a title company that plotted the easements for him and gave him all the policy exclusions, but maybe not. I hope whatever judge we face has the same opinion of him as you do. There is no hardship to balance here.
I’ll try to refrain from too many comments on what they are. Doesn’t help, but they are not hardened criminals. Not on probation or anything like that as far as I know. One has a long history of dubious litigation.
They were definitely in the hole as far as education about easements and property rights go. Not anymore. This is pure belligerence at best.
Anyway , deciding on opening the restraining order can of worms or not. It’s likely, probably a no brainer. They have plenty of money to behave just as badly in the legal system as they do on the road.
A legal system that I somewhat loathe anyway.March 16, 2014 at 3:05 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771926NotCranky
Participant[quote=CDMA ENG]Here is the thing about video…
You have to get the whole episode. You have to get him approaching you… Leaving and everything else in between.
I recently watched a video about how a news team, in Australia, followed a man whose soon had been accused for something. It was of some importance. Well one news team followed another that followed the man for twenty minutes and stuck their cameras in his face the man asked repeatedly to please give him some space and then the eventually got to close and he pushed them back. The camera crew then proceeded to call the man a terrorist and then things got ugly. The second crew documented all of this and eventually discredited the first because, of course, all they showed of the man is him losing his cool.
Point is that even video is suspect due to editing.
It has to appear that the video shows the whole event start to finish otherwise it will be suspect.
Regards,
CE[/quote]
Yeah my video is crap, i spoke with the sherif. Pushing, slapping phones at best allows me to process a citizens arrest against him on a misdemeanor. The sherif offered to do that. We get a court case and I have to argue to win a misdemeanor. Doesn’t solve much either way. I would rather spend that energy on a restraining order or some other civil action that enables progress towards a restraining order. My property lawyer, who I respect very much, has given me some referrals to litigators to interview for a possible restraining order.
Back to the camera issue, I did talk with the Sheriff. He can not slap the phone out of my hand…he can not touch me but it is only a misdemeanor and I have to take court proceedings against him. Law enforcement will not do that.. Yes, now you see why poor people are screwed and more violent. Anyway, if I can get a restraining order then the camera can record any violations against that and they can enforce that. I guess everybody already understands that.
March 16, 2014 at 2:23 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771924NotCranky
ParticipantThe easements are not once in a life usages. They were created by my title company for me, with the previous owner for a 40′ wide road for development is so desired. I have been to a lawyer and he provided me with documentation as to my rights. Even if it were restricted to a very humble road, which is it not, that does not bother me at this time and I am not exceeding that pastoral nature or what ever one might want to call it. Furthermore, one of the neighbors who also bought the same easement from the previous owner has already improved the road enough for now, with the exception of the VERY relatively small part I need to improve and where I am constantly harassed. They have changed their address to the nearest public road and posted a mailbox there. There is nothing unreasonable about what I want to do compared against the legal right from my easement.
“As to the F.U I want this”…I don’t want it, it is already mine, I paid, lots of money to previous owners. I bought this property speculating that I could get an improved road and did. How do you like it when someone unjustly takes your investment strategy and holds it back maybe robs you of it?? The road is already built. The only problem with proximity is of a garage that I mentioned. it is not even on any of the properties through which my easement passes. It is adjacent, unfortunately way to adjacent to the easement. An easement section that is already built and used by 3 property owners goes.
Also as suggested, I could be flexible in lots of ways, I could agree that only residents of my property use the road and we maintain the other for a service road. I could do a lot of cooperative things. There is no chance to that at this time. They want no other traffic and have been in a constant process of sabotage.
March 16, 2014 at 11:12 AM in reply to: OT: Should I request mediation or try to get a restraining order… #771917NotCranky
Participant[quote=njtosd]Just FYI for everyone here talking about recording things: California is a two party consent state. If you take a recording to the police that was done secretly, you could be seen as admitting to a crime. http://www.dmlp.org/legal-guide/california-recording-law. It might be worth the risk, but be aware -[/quote]
Thanks for that. The recording thing is tricky…I would not do it secretly, but then sticking a camera in someone’s face is pretty provocative. Not saying they don’t deserve it but still could be pouring fuel on the fire.
I think right now the thing to do is not go out there alone…start my road improvements and usage of the easement and never stop. Then, bring in the police and/or a lawyer, or encouraging him to get a lawyer I could talk with instead of him. In fact next time I see him I think I will tell him to have his lawyer call me. My neighbor is so in the wrong that I can’t imagine the lawyer threats as more than a bluff anyway. I hate wasting the time of the police over stupid childish stuff but if it takes that I will call them.
I’d definitely like to hear more about the camera use. I have not reported anything about the latest incident yet ,but I will at the very least ask the police about it and if I can call them if he starts try to slap my phone, or under any circumstances touches me.
I don’t like the name calling but it’s trivial really especially, compared to being touched or shoved or leaned on or the aggressive driving and parking too close to me and in ways that I can’t move my vehicles freely. There is so much space out there that there is no excuse for anything that looks like intimidating behavior with cars.
March 15, 2014 at 7:49 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771904NotCranky
Participant[quote=CDMA ENG][quote=Blogstar]No 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![/quote]
Lol! He came out with a gun to diffuse the situation? Hardly believe a judge would buy that.
This is not a rational person.
CE[/quote]
Missing comma! When he came out with a gun, to diffuse the situation , I told him to call the cops, which he did. I haven’t seen the gun since. I was on a tractor with no phone. I know that’s weird that I told him to call the cops, I just wanted to break his momentum and let him to be the one to make the useless call so the cops would see and hopefully document how off center he is.Not saying I wasn’t afraid of the gun and all but I wanted to get him to leave. It worked out o.k. I went home when he left to call the cops and I should have kept working until they arrived and after and never quit using the easement and tried to put a stop this nonsense while police visit was fresh.March 15, 2014 at 6:22 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771901NotCranky
Participant[quote=spdrun]Why go to the police if they’re not helpful? If you have video of criminal activity, you could speak to someone at the DA’s office directly — the DA is the one who decides whether to press criminal charges, not the police.
If the DA refuses to help, one could always go to a local newspaper or the local cable channel. Bored local media sometimes jump on those sorts of things…
But I’d try some sort of segregated access agreement before playing hardball. After all, you still have to live next to those yobs, so may as well not make them hate you too much.[/quote]
I don’t think I have enough for the DA even if I wanted to go that route. Could be but highly unlikely.
I don’t think anyone could negotiate the type of thing you are talking about with them. . They have locked iron gates and fences already and the easement runs alongside between two properties. They just don’t want anyone to have the use of the thing..period.
Maybe I am only being bullied because I am letting myself be? That’s a common story. Every time he causes trouble I have backed down and not gotten the crucial work done. The day the cops came out I should have forever put and end to abandoning my work and use of that easement. He is having a field day….and yet he is in his 50’s and not in Jail. So, I think he is more careful than he wants to let on. Also he has threatened to lawyer up when not threatening to kill me….let him lawyer up…maybe he never will , or the battle will be much smaller than if I initiate it. Either way I am ready for that just don’t want to do it and waste my time and money.
March 15, 2014 at 4:57 PM in reply to: OT: Should I request mediation or try to get a restraining order… #771898NotCranky
ParticipantNo 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!
March 15, 2014 at 10:57 AM in reply to: OT: Should I request mediation or try to get a restraining order… #771893NotCranky
Participant[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 10:54 AM in reply to: OT: Should I request mediation or try to get a restraining order… #771892NotCranky
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