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marlene_kindred

Needs some positive prayers and thoughts please...

Marlene Kindred
13 years ago

Some of you know about the troubles we have had with our neighbor, but to summarize, we had to sell my mom's house last year which is next door to ours and the couple we sold it to have been, shall I say, not so nice. Well...yesterday when I came home from work, he was putting up a six foot tall stockade fence across my driveway!! We have no place to turn around at this point and he plans to put up two additional gates blocking our drive as well. Now...this has been brewing for months and we have had several conversations since we have a permanent easement to the driveway, but yesterday when I reminded him that he couldn't block the drive, he lit into me cursing and ranting and raving so much that all I could do was just look at him like a deer in headlights. Finally, he told me with many ugly expletives attached that I should get a lawyer and try and MAKE him move his fence. Sheesh. My poor DH went out and tried to reason with him after that, but he got an even bigger ear full. We have all of our documentation, deeds, plats, etc. and I called our lawyer today, but now we have to go to all of the trouble and expense to make him move his fence and gates...all because he's an arrogant, angry man. Please keep us in your prayers for the next few weeks...he's not a nice man and I do believe that he is capable of violence. Not much fun living next to a time bomb.

Comments (21)

  • tasymo
    13 years ago

    Oh Marlene, that is terrible. It is a good thing you've got all your documentation in order. It is sad that you can't just reason with him. Even if you do take him to court and win, you will still have a lousy neighbor, living in a home that I'm sure has sentimental value to you. Maybe a letter from your lawyer, explaining your legal rights would make him see reason. Good Luck, I'm afraid you're going to need it. Kathy

  • sunnyca_gw
    13 years ago

    I've had a timebomb for a neighbor. No fun! Police told us to write down everything, date, what happened, what we did if anything ,were police called(no)the man climbed a ladder in his yard next to our block wall & dumped their little dog in our yard, I just happened to be trying to get DD up & watched him do it & got pics. So get pics. Lucky for me the boy was out & I told him the dog was scared & he could go & get it. Lots worst things happened so very glad when they lost the house many years ago. All other neighbors in there have been fine. The guy just may go off so don't get into it with them, try to go through your lawyer or call police or whoever takes care of law in your area. Make sure your house is secure & you have good locks & keep them locked even during the day. DH & I never confronted the guy as police told us good chance we would be shot(they came out for an incident with another neighbor-9 cop cars so you know they took it seriously, he waved a gun around at all those people for quite some time,I was surprised they didn't arrest him. Good Luck & you will be in my prayers!! Jan

  • kirkus
    13 years ago

    Marlene, I'll be praying for you guys and thinking of you. You're the NICEST of people... I can't understand anyone treating you unkind. Wish you were our neighbors!

  • nonacook
    13 years ago

    Sorry for your problems....
    Been there, and got a lawyer. Got nasty notes in the mailbox--illegal to use mailbox for that sort of thing. it said we were 2 feet on his property, and if we didn't move the fence and the shed (edge of it was close to the fence) he would bulldose it. Lawyer sent him a letter telling him to 'cease and desist' because the Florida law says anything that has been there for more than 7 years was considered ours. The fence had been there (replaced over the years but had a couple of original posts) since my grandparents bought the property in 1929. It was bought from the original owners, who got the property in a grant. There had been 2 other owners who did not say a thing. The original owners grandson still lives on part of the original property and would have testified for us, if it had been necessay. The guy had pulled up the original corner markers on their side of the property too....He has since sold to someone else. Bill talked to the newest owner and he said 'No problem'.
    Course it cost us a thousand dollars for the lawyer!!!!

  • mary2010
    13 years ago

    It's unbelievable that neighbors could act this way. I will keep you and your family in my prayers. Good luck.

  • Marlene Kindred
    Original Author
    13 years ago

    Thanks for the support folks! It helps being able to share with others....

  • oldcrafty
    13 years ago

    Oh my goodness, my heart hurts for you having to go thru such an ordeal. I truely hope all is resolved soon and please be careful as you never know when someone like that might just loose it and become violent. And I agree, get a good camera with a good zoom and take pics from afar. They may be very valuable one day. You will certainly be in my prayers. God's blessings to you.

  • desertrat1
    13 years ago

    Marlene,
    WOW, I had no idea! What evil people! You know there may be something else going on like mental issues and may be off meds. SO, be careful. Yes, document it all--photos--absolute recourse. Thank goodness you have all your papers in order. Will be praying for you all!
    Love, Jules

  • concretenprimroses
    13 years ago

    Its too bad there are people who make such trouble for others. Didn't your realtor explain the situation to them when they bought?
    I agreee, be careful, but stand your ground!
    Good luck,
    Kathy

  • jeannespines
    13 years ago

    Uggghhhh! Sorry for your troubles with this...some people are just troublemakers! For a couple yrs now I cannot walk down my gravel road (nor do my bike) because my neighbor has 2 dogs that run out on the road & bark at me...it's a bad situation...run down place & guy has not got much going for him. So it's very doubtful that the dogs have been kept up with Rabies shots...they run loose. Since it could be life-threatening if I got bit (with my health, I just stay off the road unless I'm in my car or the 'Gator. So I do feel for you Marlene...good luck & sorry you have to get a lawyer. Jeanne S.

  • nanagrandma
    13 years ago

    Oh Marlene, I will be praying for you. No one needs this kind of harrassment. We used to have some houses that we rented and believe me these people can get irate even if they are in the wrong like not paying the rent. Even though I hated to we hired lawyers to take care of it. But if he threatens you I believe you should call police so you have a record of his actions.
    God Bless You and Watch Over You

    Nanagrandma/Sylvia

  • Marlene Kindred
    Original Author
    13 years ago

    Thanks again for all of the thoughts and prayers. My DH and I are out of town until tomorrow, but my daughter said that when she left for classes today, he has put a six foot tall gate across our backing out space. We go to our lawyer on Thursday, so I'm hoping this won't be a long, drawn out affair.

    Thanks again!

    ~M

  • luna_llena_feliz
    13 years ago

    Marlene, you and your family will be in my prayers. I swear some people don't feel like their life is complete unless they are making someone else miserable. What an awful thing to have to put up with, especially from somone who bought a house that is probably near and dear to your heart. Like others, I have found that taking a legal route and not confronting such nasty people is the best bet. It's just such a shame that they feel it is even necessary to put you through this. Good luck and keep us posted!

  • Marlene Kindred
    Original Author
    13 years ago

    Just wanted to give you folks an update. When we left the lawyer's office yesterday, DH and I weren't feeling very positive about what might happen. He told us that we may just have to deal with the gates and the turn around spot might be lost....needless to say, I've been in a funk all day. But, this afternoon, I got an email from our lawyer and he told me that after we left, he couldn't get it off of his mind, so he started researching and here is what he found. Our neighbor WILL have to move the gate from our turn around and even though he may be able to put up gates, WE can take them down and put in cattle guards (those pipes in the ground that animals won't cross) and we don't need his permission to do so. But, if we can convince the judge that the only reason he wants to put the fence and gates on our side is for spite, then we can make him move them. Proving that won't be hard since there's nothing on our side of the easement but a gravel driveway and an embankment. Keep those prayers coming...our lawyer is sending a letter to our neighbor telling him that he needs to take his gate down. We're hoping he will listen and not make us have to bring a full lawsuit against him. We can only hope!

  • Purplemoon
    13 years ago

    I'm so glad to hear your lawyer had second thoughts and researched more. And if a lawsuit is necessary, I hope the nasty neighbor has to pay the cost.

    I haven't been posting, and I apologize for that. I have been reading Conversations every night however, and my prayers are with you. Always, dear Lady!!

    hugs, Karen

  • seamommy
    13 years ago

    Marlene, you have been in my thoughts and prayers also, even though I haven't posted either. Even if you can legally take down the gates, I wouldn't touch them. I would ask the court to order him to take them down himself, since he bought the materials and built them, he should have to go out and take them down. The court should order them to be taken down by a specific date so that if he doesn't comply you can call the police and either force him to do it or face being arrested for failure to comply with a court order. Your lawyer should ask the judge to enter this order, so that you don't have to go out and expose yourselves to this maniac.

    I had a nasty neighbor years ago who I always just thought was a jerk who come over and stole our concord grapes off the vines. Even when I cought him doing it he laughed and said the former owners said that he could have them and since she had planted th vine, it was her decision. His stupidity left me speechless. We put a lock on our gate, but the vine was close enough to the fence that he could reach across and take the grapes, which he did the following year. Moments after I witnessed him stealing the grapes for the third year in a row, I went over and demanded he give them back to me. He responded that he and his wife had already eaten them. I knew he was lying, but when his wife meekly confirmed the lie, I knew by the way he looked at her and the way that she cowered that she was a battered spouse.

    Watch your neighbor if he has any family and see how they look at him and how they react when he speaks to them. The signs will be obvious if you're looking for them. A couple we visited once were having a disagreement and he turned around suddenly to look at her and held up his hand. She flinched in such a way that we knew that she was used to being struck by him. Watch what this man does with his hands while he's talking and you will know if he is violent. Cheryl

  • luna_llena_feliz
    13 years ago

    Some of those prayers must have been working to get your attorney to have second thoughts! Now hopefully God will work in a mysterious way to resolve the fence and gate problem peacefully. Prayers still coming your way!

  • Marlene Kindred
    Original Author
    13 years ago

    Thanks all for the continued prayers. Our neighbor SHOULD have received his certified letter yesterday, but of course, wasn't home to sign for it. I don't know if he went to the post office to get it today or not, but if the gate isn't gone by next Monday (13th), then we will file a suit anyway. At that point we will ask the court to make sure that he cannot put his fencing on our side of the driveway, therefore, eliminating the need for gates at all. We will also ask for legal and court costs to be reimbursed. He WILL have to remove the gate across our turnaround spot...that is the law already...he will just have to be forced to do so.

    It's just such a shame that he is so difficult. But, I refuse to allow him to bully us and to continue to act as though we have no legal rights. My DH and I have done everything by the book, so I feel pretty confident that this will eventually turn out in our favor. But, as you know, prayers from others on our behalf are always good!

    Thanks again for the support and I will keep everyone posted.

  • susiewantsroses
    13 years ago

    Marlene, I'm also very sorry.
    You need:
    1. RESTRAINING ORDER if he has made any physical threats.
    2. Pocket tape recorder if you have to go speak to him about anything else. It is worth the investment.
    3. A phone camera can help too.

    Jeanne- If it were me, I would carry a small fly swatter and smack any dog that acted aggressive at me. Any police or court would take your side even if there is no leash law.

  • luna_llena_feliz
    13 years ago

    susie, she might need a 2x4 if those are big dogs. lol! Although some milkbones or other treats might work better.

    Marlene, I sure hope your situation is resolved peacefully. I will continue to say prayers that your neighbor gets a good dose of decency and decides to end his weird little crusade.

  • garden2garden
    13 years ago

    How miserable to have to go through all that because of a neighbor. A new neighbor that you sold your mother's house to no less. We had a small incident when we first moved in here, luckily a survey put an end to our neighbors' clearing of our woods, that he insisted were his. I hope this is resolved for you soon and that he doesn't try to cause any further trouble. Positive thought comming your way. Donna