winning the war

[johnandpetie]

thats too bad then, i suppose you will just have to live with it then. like i said if they put it up illeagaly i would tear it down! now your even!

We won't have to live with it too long. We'll be selling and moving - as soon as real estate makes somewhat of a swing upwards - 2 yrs? ;

[john72ss]

ive lived here for 22 years and put that many years of back breaking work into my house and yard! ill be damned if i move because of them, MY GOAL IS TO MAKE THEM MOVE!

[johnandpetie]

Unfortunately (for us) they are again tethering the chain so tightly that it makes it difficult for my wife to unchain the gate and open it. This evening she left for a social event and struggled with the chain. She called me on her cell phone to left me know what had happened. These two nuts are simply harassing us. I plan on contacting the shefiff's dept liason for our area and complain. It's the sheriff's deputy that is the chain tighten'er. Evidently she doesn't feel that she needs to 'be a community example' like so many other law enforcement officers are. You wear the badge - you're obligated to be a good citizen. You don't do stupid crap like she continues to do.....Sure.........it's off-duty - but it gives her dept a black eye - in my view. Shame on her - or is it a him?

[Foxie]

Unfortunately (for us) they are again tethering the chain so tightly that it makes it difficult for my wife to unchain the gate and open it. This evening she left for a social event and struggled with the chain. She called me on her cell phone to left me know what had happened. These two nuts are simply harassing us. I plan on contacting the shefiff's dept liason for our area and complain. It's the sheriff's deputy that is the chain tighten'er. Evidently she doesn't feel that she needs to 'be a community example' like so many other law enforcement officers are. You wear the badge - you're obligated to be a good citizen. You don't do stupid crap like she continues to do.....Sure.........it's off-duty - but it gives her dept a black eye - in my view. Shame on her - or is it a him?

I think at this point I would just carry bolt cutters in the car .. simply cut the chain off ( every time its used ) rather than fight it .. cutting the chain off is gonna get the cops called but the fact its now on paper that the NfH is trying to keep you from YOUR home puts it in thier lap and takes some of the control away from them .....
Also .. chaining the gate is illegal in any state .. what if you had a fire and the gate was locked .. how is the fire dept gonna get to you? or an ambulance? see this is not just an inconvenince but a safety hazzard .. they cant lock the gate peroid .. shutting it umm prolly .. you might have to live with that issue but to chain it shut .. NO WAY in hell can they do that call the county fire marshall for the rules and let them send the letter .. this is a major issue here

[johnandpetie]

Well.......here I go again. My wife and I began closing the gate per their request. But they continued to tether the chain on the gate so tightly that my wife, as well as others, had to wrestle with the chain to get the gate open. They are clearly harassing us. So, we began to leave the gate open again. Remember,,,,,it's illegal. Just recently (oct 10) on my 65th b'day my wife and I spend a lovely weekend at Lake Tahoe and returned home Sunday, Oct 11th to discover that these two idiots had scraped all of the gravel on the easement onto their property and redistributed it around their barn. The prior owner and I payed for this gravel (all 26 tons of it) 5 or so years ago. They had no right to take it - nor do they have any right to tamper with the easement. I have taken more pictures of their handcraft and have retained a new lawyer - this lawyer has a reputation as a head hunter. Probably should have hired him from the get-go.

[Carol]

by any chance do you or can you get a receipt for the gravel? Contact the company and have them generate one. Contact the previous owner and have him sign a notarized statement verifying the information. Seems like a no-brainer.
btw, HAPPY BIRTHDAY!

[Foxie]

I'm a bit late to reply again BUT..
the gravel theft was a no no and they know it .. but did it anyways .. I am still thinking on that chain issue ..
the "ladies" mean to run you off .. pure and simple .. by chaining the gate they make your life harder and at your age .. uuuhhh no a good lawyer would sue the crap outta them for the chain .. Look at it like this ..
you need 911 because your haveing chest pains and that gate is locked tightly again .. they are preventing you from getting help .. and that is against the law .. what about a fire ?.. same thing they cant put you or your property in danger .. the judges wont likely side with them once its explained that way ..
I am a bit younger than you .. but I wouldnt allow the gate to stand any longer when I was in a spot to either die for blocked medical care or my house burn down bevcause the gate was chained shut ..

what kind of gate it is anyways?
could you get it moved to thier drive way and leave your easement open? OR possiblly get it moved up higher on the easemnet so your the only one blocked if you so choose .. ( you could leave the gate open always that ways ..)
your friends and family are kept out the way it is now .. as well as needed services to help you .. THAT is Against the law anyplace ..

[Foxie]

ok the gate thing has been bugging me so I went looking for answers .. heres what I found .. thought it was interesting ..


Interference with an easement is a form of trespass, and courts frequently order the removal of an obstruction to an easement, i.e. by ordering the removal of encroaching structures at the servient owner's expense. If interference with an easement causes diminution in the value of the dominant estate, courts may also award compensatory damages to the easement holder.


http://realestate.findlaw.com/easements/easement-basics.html


I went to findlaw for Cali for this .. you have rights and the "ladies" are in the wrong ..


Trespass upon easement
Blocking access to someone who has an easement is a trespass upon the right of easement and creates a cause of action for civil suit.

[Bob]

Gating an easement walkway, even locking it, and then providing a key to those entitled to its use, absolves the owner of that property from an immeidate finding of wrongdoing in a criminal or civil action in many cases. The law books don't specify every detail because the details can be so varied; for instance, this string suggests the owners deliberately have constructed a gating system too tight for reasonable ease of use by some people entitled to cross through it, and that could be grounds for litigation.

We all shoulda been lawyers.

[johnandpetie]

Stay tuned. We had some really good things happen Sat, 17 Oct that may change this whole ugly mess around. I will be meeting with a new attorney today, Oct 20th, to discuss this situation. I also have an ace of spades up my sleeve.

We tried to be good neighbors, we tried to cope with these two people, we tried to be nice, we tried to avoid confrontation

- now

we will 'BRING THE STORM'

[Foxie]

Stay tuned. We had some really good things happen Sat, 17 Oct that may change this whole ugly mess around. I will be meeting with a new attorney today, Oct 20th, to discuss this situation. I also have an ace of spades up my sleeve.

We tried to be good neighbors, we tried to cope with these two people, we tried to be nice, we tried to avoid confrontation

- now

we will 'BRING THE STORM'

Ok Stormbringer .. whats the update on this? LOL Not being rude J&P I just think the word play was waiting for a nut like me to use it ..
Anyways we are dying to know what happened with the lawyer yesterday
Ace up your sleeve humm? the previous owner by chance .. THAT would be iceing on the cake

[xyz]

Ok Stormbringer .. whats the update on this? LOL Not being rude J&P I just think the word play was waiting for a nut like me to use it ..
Anyways we are dying to know what happened with the lawyer yesterday
Ace up your sleeve humm? the previous owner by chance .. THAT would be iceing on the cake

Stormbringer...? All that comes to mind is the Moorcock variety. I know...wrong context.

[johnandpetie]

I filed a criminal complaint with the sheriff's dept for vandalim/thief. I'm not sure where the criminal complaint will be going, frankly (through the sheriff's dept). Remember, one of the culprits is a sheriff's deputy. The dept 'takes care of it's own'. No law enforcement agency likes negative publicity. That's all I can tell you for now. The evil twins may be accessing this web site so I don't dare say much here.

[Bob]

Regarding access, for anyone who doesn't know, the public can read anything posted on the board, but cannot access member info (i.e. email addresses) or make posts without becoming a member. Under Uschi, we secured the board so that membership isn't automatic, just by completing a form and hitting Submit. As newer members know, I have taken security an extra step (beyond examining the application) by writing to new registrants and asking for details on their situation before validating their accounts. I'm not seeking applause -- just wanna make sure you all know it's a rather tight ship.

That said, if you believe your statements here could expose you to litigation, do exercise every caution. I hate to delete posts because this leaves holes in vital conversation, but should anyone's counsel need posts deleted, just let me know. One thing I don't want this board to ever become is ammunition for the Neighbors From Hell.

[Carol]

Um..... I hate to dredge up old arguments, but wasn't that the reason for the 1Private 1Forum?

[Bob]

To my understanding, the private room was for members who, for any reason, felt a need for protection from other members. If it were to keep the general public away, I would have asked why some people are still left exposed and not given the same option. Again, Uschi's intentions were pure and I left stuff up to her. I can't say I know for certain the reasons for that room. I don't moderate it and haven't visited in months.

[Carol]

<< the private room was for members who, for any reason, felt a need for protection from other members>.

No, no. It was in case our NFH were stalking us. I put my court info on there so they could not read it. Some of us had such severe NFH situations that we needed to be shielded from our NFH finding out. That is why some people were not in the 1Private Forum.
They did not need to be cloaked. That was why many of us were wondering what all the hub-bub was about. There truly was a legitimate reason for it and there still may be.

[Bob]

Well, I'm not shutting it down. But if it's not for the purpose of protecting members from members, why can't any member go in to it, is my question.

[Later]

No, no. It was in case our NFH were stalking us. I put my court info on there so they could not read it.

I thought you started posting privately because you didn't want to hear how certain peeps felt sorry for Boogs?

[john72ss]

to clear this up again! fesser set up the private section for any member! so that the posts would not be searchable by any search engine, therefore allowing any member to post anything about anyone of their nfh! as newer members joined she would watch how and what they post, and if they so inquired would let them into the private fourm! it was not for posting things about each other on this site!!

[dullrose]

As I understood the private discussion area, it was for members who wanted to post about their NFH situations without being discovered by their NsFH. Uschi knew some of us quite well and understood our need for privacy (from our real life NsFH) while seeking solidarity, ideas, and support -- without being exposed to the entire WWW.

If members simply wanted to discuss other members, they could very easily PM each other. Or, alternatively, if members wanted to duke it out with other members, this too could be done via PM rather than in the open forum.

Getting back on topic -- some of us do "win" the war...we win in different ways -- many of which may not work for others. Sacrifices are made...this goes without saying. Some move. Some fight back. Some outlast their NsFH. Some use city government and it pays off for them. Some use video cameras. Some learn mindfullness and meditation. Some vent and feel better. It's not the same for everyone, and it is so easy to be critical of others because we each tolerate varying degrees of NFHism.

In my mind, winning cannot exist in a vacuum...there will be loss, and without this contrast, how may we distinguish the difference?

Just my $.01 (deflation)...

[Carol]

I agree on all points, DR

[johnandpetie]

I hired a damn good attorney and he has served the 'evil twins' with a summons and complaint. This starts the 1st phase of the law suit. The complaint is quite lengthy and hits them very hard. Now they are going to have to burn money on an attorney.

[Bob]

Good luck. It's coming to litigation more and more, as police and other systems are ill-equipt to deal with Neighbors From Hell.

[34garden]

I have been following this saga - great to hear you are making progress. I hope it turns out in your favor. Those easements are very tricky. Thank goodness we don't have to deal with any.

unfortunately we will never "win the war" with our NFH because our county codes and zoning are such sh*t that it will not be possible. I have done research and now can cite dozens of instances where people property values are absolutely wrecked because the codes are so full of loopholes and are exploited by jerks.