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  1. #1
    Join Date
    Oct 2009
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    2

    Default Harassed by Neighbor

    My question involves criminal law for the state of: Arkansas

    I have a deeded easement through my neighbor's property. For 2 years, we have been in a dispute about the easement, the road, etc. For the past year, this neighbor and their guests have been harassing us, trying to block us from the easement, destroying the road we must drive on to make it difficult or impossible to leave our property.

    They set up security cameras along the road, and they regularly hide in the bushes with guns and video tape us as we drive by, they hire scary people to stand by the road and glare at us. There have been verbal threats, but we did not press charges at the time.

    There are gates we must open and shut to exit the property. They set traps to harass us, such as luring their livestock to the gates so they escape when my family tries to drive through and leaving gates open and then calling the police and saying we left them open.

    They are even weakening parts of the road, such as a cattle guard we must drive across, so it will collapse in the near future. They say we can't repair it or it's criminal trespassing.

    The problem is this is all happening on the neighbor's property (as far as I know), so the police say they aren't technically doing anything wrong. But how can this behavior be legal?

    What can I do to stop this and protect my family? I have spoken to the police, the county judge, several lawyers, the prosecutor's office... nobody has any answers and nobody can agree about who I need to speak to or what the crimes even are.

    I've been told by lawyers there is nothing I can do until I get arrested wrongfully, and then I can sue. Is this correct? There's no way to prevent it from getting this far?

  2. #2

    Default Re: Harassed by Neighbor

    They set up security cameras along the road,
    Legal, as long as they're not pointing the cameras into "private" areas, such as into the windows of your home.

    and they regularly hide in the bushes
    Legal

    with guns
    Legal unless they are pointing them at you (aggrevated assault) or unless they are felons (prohibited by federal law), or some other circumstance of state law prohibits a property owner or assignee from doing on on their own private property

    and video tape us as we drive by
    Legal if you're out in public or otherwise driving in a location where you can readily be seen.


    they hire scary people to stand by the road and glare at us.
    Legal unless you can show a THREAT. Glaring alone isn't going to cut it.

    There have been verbal threats, but we did not press charges at the time.
    If you're not going to participate in doing so, there is little that anyone can do to help you. Now if someone should get hurt or killed, action will be taken without you having to participate; but why wait for things to get that far??????????

    They set traps to harass us, such as luring their livestock to the gates so they escape when my family tries to drive through and leaving gates open and then calling the police and saying we left them open.
    Police realistically don't care if someone left open a gate and let out every single animal under creation. The response is to sue the accused party in civil court for the value of property lost or destroyed via neglegence.

    They are even weakening parts of the road, such as a cattle guard we must drive across, so it will collapse in the near future.
    If you've got PROOF of this, take it to your local court and ask for a restraining order, such that the court order them to either stop doing it, or to repair any damage already done. Again, proof that they have ACTIVELY done something to the road will be needed. Otherwise, the unfortunate aspect is that until ANY of all of this stuff actually results in something HAPPENING, you've little to stand on.


    They say we can't repair it or it's criminal trespassing.
    It remains their property, so yes, technically, they don't have to allow you to alter the property. Again, until and unless you've actually got some sort of damages to sue for, there's not much to be done short of TRYING to get a restraining order.

    The problem is this is all happening on the neighbor's property (as far as I know), so the police say they aren't technically doing anything wrong. But how can this behavior be legal?
    What law is it that you are accusing them of violating? Behaviors can be stupid, slimy, underhanded, mean, and outright obnixious without being illegal. Of course if any of the "traps" go off and cause damage, THEN you'll have basis for a law suit (negligence, reckless endangerment, among other things) and POSSIBLY police could have an avenue for criminal negligence.

    What can I do to stop this and protect my family?
    If you're complaining about a pothole they created, then you need to show they created it, and so on. DOCUMENTATION of ACTIONS is the key.

    I have spoken to the police, the county judge, several lawyers, the prosecutor's office... nobody has any answers and nobody can agree about who I need to speak to or what the crimes even are.
    Exactly the point I made above. You're asking them to act on something that hasn't happened (yet).

    I've been told by lawyers there is nothing I can do until I get arrested wrongfully, and then I can sue. Is this correct?
    If you're actually trespassing and engaging (modifying) property that isn't yours, how is the arrest wrongful?


    There's no way to prevent it from getting this far?
    Pressing charges when given the opportunity would have been a great starter. Pursuing the possibility of a restraining order would be next. And overall, your ability to DOCUMENT any ACTUAL activities they are doing that result or you can convince a court that COULD result in injury, or documentation of any actual CRIME is going to be your key to success.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Harassed by Neighbor

    Quote Quoting aardvarc
    View Post
    If you're actually trespassing and engaging (modifying) property that isn't yours, how is the arrest wrongful?
    I never have trespassed. The only times I have ever left my vehicle on their property is to open and close the gates or move obstructions from the road. I have never stepped off the road.

    I forgot to mention the neighbor had their lawyer send me letters stating clearly that I have an easement and they gave me full responsibility for maintaining the road. But then they won't allow me to maintain the road, threatening the trespassing.

    I've lost count of how many times they have called the police fraudulently. They are trying to get me and my family arrested, by making things up. When one tactic doesn't work, they try another. Basically, everything they do to us, they turn around and accuse us of doing to them. Our word against their's, blah blah blah.

    The police were called in every threatening incident, but I did not know I had to file a further report. I only found out recently that I should have. I have never been arrested or had to call the police on anyone before, so I don't know what to do.

    They have not pointed the guns at us, but they have threatened to shoot us with them.

    Their part in destroying the road is well documented. I have photographs and letters from the neighbor's lawyer. Every call they have ever made to the police has been false, and the police have determined that every time they've been called out.

    I have been told repeatedly I can not get any sort of restraining or protective order because we are not related.

    All I want is to be able to live in peace and not be stalked or harassed or have to fear for my life every time I leave my house. It's just mind boggling that people can treat other people this way and it's ok.

    The Sheriff told me to talk to the judge, the judge told me to talk to the prosecutor, the prosecutor refused to speak to me and said to hire a lawyer, the lawyers said there's nothing they can do to help and to call the police. We just go around and around. Everyone says they know it's wrong and they know the neighbor is lying, but they can't do anything about it until someone gets hurt. That's why I came here, but I guess there's just no help. Thanks for your reply, anyway.

  4. #4

    Default Re: Harassed by Neighbor

    Sheriffs, police, and prosecutors are CRIMINAL law enforcement officers. They investigate and bring cases of criminal law violations to the judge (who won't speak to anyone unless they are formally before them in court).

    The crux of the issue here is going to center around specific issues of accessibility and responsibility related to the easement. All of which is a CIVIL matter (right up until the time there is a crime, but even if 100 crimes were occurring in relation, it would STILL ultimately take a hearing before a civil court to iron out the issues over the easement).

    their lawyer send me letters stating clearly that I have an easement and they gave me full responsibility for maintaining the road. But then they won't allow me to maintain the road, threatening the trespassing.
    This is the exact thing that needs to get before a CIVIL judge. Make sure you contact the police and ask them for a printout of every time the neighbors have called the police, yet the police determined that nothing was wrong (hence, why the police never arrested you). This will help the court to see that they are attempting to harass you out of making use of the easement that has been granted.

    Land use law is a very niche area, you'll want to take your documents to a civil attorney who specializes in the area and get help in drafting a petition asking the court to clarify or otherwise spell out the areas that are in contention. You may be able to file the petition yourself, and may be capable of presenting your case to the court yourself, but I would strongly caution you against doing so until you have at the VERY least had an attorney practicing in that type of case at least give it a once over. Most will give at least an initial consultation for free, and if additional services or time is needed you can go from there. But you already know going in that the other side has an attorney protecting their interests, so going in without one of your own may produce undesireable results.

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