MommaBear36

im the victim and now the criminal?!?!!? Wtf!

9 posts in this topic

I've been having issues with a new property owner who owns the property surrounding half my property. Since day one he's been intimidating. The one who sold him the property and my father in law who built the House we live in now had a verbal easement agreement for convenience not necessity. My father in law passed last year which negates any agreement made as well as the sale of the property. The new property owner never used the easement as an easement but as a parking lot for his equipment. It's a 3-400 ft old driveway and he parks it in the spot closest to my house!! And carries his tools the rest of the 200+ feet to get to his property! Just to harass me and be in the way where my children play ball. For 3 months we asked him to remove his vehicles from our property. After a month we started telling him to remove his vehicles or we will contact authorities. His attitude progressed negatively and he became more aggressive and confrontational. Finally, I gave him his final warning beginning of April. Asked him to remove said items and if he parked them on my property again I'll calling police and press trespassing charges on him have his vehicles towed at his expense. He then broke out into verbal assault, which I did return. He threatened bodily harm if I contact authorities where I turned and did such that. 20 minutes for police to get to me due to where I live. I realised I didn't have a fighting chance against him and his business partner was in the truck who obviously wanted no part of this. And I was home alone with my 3 young children. Went out to inform him police were on their way in hopes he'd flee, and to stand between him and my home which held my children who were standing in the door way behind the glass patio doors. They could see it all. He was already advancing towards me armed and dangerous staring me down and not speaking. I drew my weapon in defense which he didn't expect and stopped his advancing but he just stood their staring. He eventually turned back for his truck and started to flee. But before he left my property he told me he hopes I like my house cause he has nothing to loose. Police confiscated my weapon for defense, and told him he can come to my home and use the easement which he has no legal right to nor necessity to use, but has to park on his property which is over 300 acres and we have 3. The other day I received a disorderly conduct ticket for brandishing a firearm in such a manner to alarm said property owner. And no charges brought on him! How can this happen? What do I do? And how can I reverse charges from me to him? What kind of lawsuits and restraining orders do I need to file!? Am I going to jail for defending my family and my self and home?

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2 minutes ago, MommaBear36 said:

My father in law passed last year which negates any agreement made as well as the sale of the property.

 

Not sure what you mean by this.  Your father-in-law's death negates the sale of the property?  Which property?  Yours or your neighbor's?  Why do you think his death negates the sale?

 

 

4 minutes ago, MommaBear36 said:

The new property owner never used the easement as an easement but as a parking lot for his equipment. It's a 3-400 ft old driveway and he parks it in the spot closest to my house!! And carries his tools the rest of the 200+ feet to get to his property! Just to harass me and be in the way where my children play ball.

 

So...you're saying that your father-in-law granted this guy a "verbal easement" to use a portion of your property?

 

 

5 minutes ago, MommaBear36 said:

The other day I received a disorderly conduct ticket for brandishing a firearm in such a manner to alarm said property owner. And no charges brought on him! How can this happen?

 

Apparently, because the police believe you committed a crime and don't believe he committed a crime.

 

 

6 minutes ago, MommaBear36 said:

What do I do?

 

I'm sure you do lots of things.  The smart thing to do would be to retain the services of a criminal defense attorney.

 

 

6 minutes ago, MommaBear36 said:

And how can I reverse charges from me to him?

 

There's no such thing.  At best, you can try to get the charges against you dismissed and try to convince the prosecutor that charges should be filed against your neighbor.

 

 

7 minutes ago, MommaBear36 said:

What kind of lawsuits and restraining orders do I need to file!?

 

I don't really understand the question.  If you want to sue, consult with an attorney who handles property disputes.

 

 

8 minutes ago, MommaBear36 said:

Am I going to jail for defending my family and my self and home?

 

Nothing you wrote suggests that either you or your family required defense with a deadly weapon.

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First of all, my father made a verbal agreement with the previous owner who sold it to this ass. From my research it said when if one of the parties involved in the easement agreement passes then it negates he greenery. The property was bought for hunting. He's a hunter from another state. And he threatened to physically harm my person if I called the police next time. I told him I was calling now. Which set him off .hes 6" taller then me and very stout. If he attacked me I would have no chance t fight him off for he is stronger then me. Plus his stout partner who is also 6" taller then me and onviously stronger was sitting in his truck. I took a weapon for defense in case I needed it. Which I'm glad I did cause he was already remedy with a semi atomatic with around 40 shot clip. He didn't even know I had a weapon  before he was already advancing me and my home and children with it drawn and loaded, I hand, finger on trigger. Had I not armed myself before I went out to inform him the police were on their way can you honestly say that he wouldn't shoot me or my children? How can you say you don't see the need for protection? Did you actually read what I wrote? 

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And my question is if he was advancing towards me armed and I drew mine how can I be charged and not him? He was at my house on my property threatening me while I was home alone with my 3 young children! And what kind of civil cases can I file against him is the other question? I'm just wondering what  looking at for he road ahead of me

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1 hour ago, MommaBear36 said:

my father made a verbal agreement with the previous owner who sold it to this ass. From my research it said when if one of the parties involved in the easement agreement passes then it negates he greenery.

 

I have no idea what "it negates he greenery" might mean.  However, there's no such thing as a "verbal easement."  A verbal agreement by a property owner to allow another to use the property is simply a license that can be terminated at any time.  I wouldn't say that it necessarily terminates upon the owner's death, but the owner's successor in interest certainly could terminate it.

 

 

1 hour ago, MommaBear36 said:

Had I not armed myself before I went out to inform him the police were on their way can you honestly say that he wouldn't shoot me or my children? How can you say you don't see the need for protection? Did you actually read what I wrote?

 

I certainly did read what you wrote.  First of all, there was no need for you to confront this guy to tell him the police were on their way.  Second, you did not include any of the following in your original post:  "he was already remedy with a semi atomatic with around 40 shot clip. He . . . was already advancing me and my home and children with it drawn and loaded, I hand, finger on trigger."  Thus, the answer to the question, "How can you say you don't see the need for protection?" is that I wasn't there and only know what you have shared with us and you didn't share relevant facts."

 

 

1 hour ago, MommaBear36 said:

how can I be charged and not him?

 

Here's the thing:  the story you have told here is naturally biased, and we don't have any input from the other person involved.  However, the police presumably did have input from the other person.  It is therefore a reasonable inference that the police either didn't believe your story and believed whatever the other person told them or concluded that, based on the combination of the two stories, you were the appropriate person to cite.  That being said, I'm simply speculating about this.  Only the police can really explain why this happened.

 

 

1 hour ago, MommaBear36 said:

what kind of civil cases can I file against him is the other question?

 

There's only one "kind of civil case."  You can allege whatever causes of action you and your lawyer think are appropriate, including (potentially) causes of action for trespass and assault.  It's not clear, however, that you've suffered any actionable damages, so a civil lawsuit probably wouldn't be a good investment of financial resources (especially since suing one's neighbor is often a recipe for years of stress and unhappiness).

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Ok, I apologise I didn't mean remedy I meant armed I missed that in proof reading. Also, I called 911 to tell them to inform their officers who were going to intercept him that he was armed and to be careful. I didn't know what he was capable and I wanted the officers to be aware of what they were walking into. The 911 operator never contacted the officers. When they got there they thought I was the only kne armed. The didn't search his truck and he lives in another state. I didn't know what kind of gun it was I told them I could describe it and even draw it and they never bothered to get any info not do I think they did any investigation. He bought the property to hunt and start a hunting lodge. So he's threatened my life and my home and familys lives. And is allowed to come to my property and onto my property with guns! My god my children were right there! Isn't that child endangerment? Isn't that cause for a charge or 3 since I have 3 small children? My kids sleep in the same room now thinking he's gonna come in the middle of the night to burn our house down while we sleep. My doors are locked at all time and I don't sit outside anymore cause I was told not to engage so now I'm a prisoner in my own home. Is that damage? He's also been harassing us for 3 months with parking his equipment as close to our house as he can and right where my kids play ball. Isn't that harassment? Bullying? 

 

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5 minutes ago, MommaBear36 said:

My god my children were right there! Isn't that child endangerment? Isn't that cause for a charge or 3 since I have 3 small children? My kids sleep in the same room now thinking he's gonna come in the middle of the night to burn our house down while we sleep. My doors are locked at all time and I don't sit outside anymore cause I was told not to engage so now I'm a prisoner in my own home. Is that damage?

 

If you want this guy charged with a crime, you need to convince the police and/or the court that he committed a crime.  Convincing me or other anonymous strangers on a message board won't get you anywhere.  And no, what you've described is not actionable damage in a civil lawsuit.

 

You need to speak with a criminal defense attorney to deal with the charges against you.  Once you do that, you can look into civil action.

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YOU had a gun near those 3 young children so the pearl clutching and "think of the children" rings hollow. All because he parks his vehicle where your kids prefer to play ball? You have 3 acres for the little darlings to roam. If you called 911, you had zero reason to go out and announce it. Did you think he would thank you kindly for the warning and offer to make you all tea while waiting for them to show up? Use some common sense. He bought the land for hunting purposes. His having a gun while on it is hardly noteworthy. I wasn't there but I can totally understand why the police charged you and not him. You need a criminal attorney stat.

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In future, please break up text into paragraphs.

 

After you secure a criminal defense attorney, contact a real estate attorney to discuss the rest.

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