Am I Committing Harassement?

[Dave Stevens]

What is the name of your state? CA

I have a neighbor who threatened to sue me for "harassment" (civil, not sexual).

I own a small private road that he has an easment on for ingress/egress (to drive in and out from his property). In addition to ingress/egress he uses the shoulder of the road for parking (his car, his wife's car, his numerous visitors cars) all the time. I have tried to get him to limit his use and he refuses. One time I called him and tried to clarify the rules. We had been on good terms up until then, but on the phone he freaked out and threatened to sue me for harassment. He has become even more obnoxious in his use of the road (in what appears an obvious attempt to bait me into confronting him). My limited communication with him since then has been only in writing - I don't make eye contact with him and don't talk to him. However, it appears my only option, short of a lawsuit, to prevent him from using my road as a storage yard for his cars is to put up a barricade along the shoulder of the road to prevent him from parking. A separate neighbor (friendly one) told me to be cautious because he could slap me with a harassment suit if I did that. Knowing that the problem neighbor has threatened just that I started wondering. California State law defines harassment, among other things, as "...a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." It is wilful; it is a course of conduct I guess; it is directed at one guy; I suppose it seriously annoys him; but it definitely serves a purpose that I assume is legitimate since I think I could legitimately demonstrate that it is my right to exclude people from using the road in a way other than permitted in his deed (e.g., he has the right to drive on the easement but not park on the easement).

Any examples of what type of behavior the courts generally consider harassment?

 

[HappyHusband]

What is the name of your state? CA

I have a neighbor who threatened to sue me for "harassment" (civil, not sexual).

I own a small private road that he has an easment on for ingress/egress (to drive in and out from his property). In addition to ingress/egress he uses the shoulder of the road for parking (his car, his wife's car, his numerous visitors cars) all the time. I have tried to get him to limit his use and he refuses. One time I called him and tried to clarify the rules. We had been on good terms up until then, but on the phone he freaked out and threatened to sue me for harassment. He has become even more obnoxious in his use of the road (in what appears an obvious attempt to bait me into confronting him). My limited communication with him since then has been only in writing - I don't make eye contact with him and don't talk to him. However, it appears my only option, short of a lawsuit, to prevent him from using my road as a storage yard for his cars is to put up a barricade along the shoulder of the road to prevent him from parking. A separate neighbor (friendly one) told me to be cautious because he could slap me with a harassment suit if I did that. Knowing that the problem neighbor has threatened just that I started wondering. California State law defines harassment, among other things, as "...a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose." It is wilful; it is a course of conduct I guess; it is directed at one guy; I suppose it seriously annoys him; but it definitely serves a purpose that I assume is legitimate since I think I could legitimately demonstrate that it is my right to exclude people from using the road in a way other than permitted in his deed (e.g., he has the right to drive on the easement but not park on the easement).

Any examples of what type of behavior the courts generally consider harassment?

Why don't you be proactive and slap him with a trespassing suit?

 

[Dave Stevens]

I guess I dont want to slap him with a trespass suit because I dont really want to start a lawsuit fight - it could get ugly and expensive and my wife just doesnt like conflicts like this. Ultimately I will if he can't get it together, but I would like to try another route first

 

[HappyHusband]

I guess I dont want to slap him with a trespass suit because I dont really want to start a lawsuit fight - it could get ugly and expensive and my wife just doesnt like conflicts like this. Ultimately I will if he can't get it together, but I would like to try another route first

Oh, sorry, I thought you wanted him to stop parking his cars where they have no right to be.
My mistake.

 

[Dave Stevens]

No problem - you are right, I do want him off the road and I suppose he would be considered trespassing. But I am considering another route first, to avoid legal fees and I just wondered if anything I am doing could be considered harassment. Thanks

 

[fairisfair]

Why don't you be proactive and slap him with a trespassing suit?

"I own a small private road that he has an easment on for ingress/egress " guess that part eliminates the trespassing idea.

I don't see what the problem with blocking the shoulder would be, as long as you do not prohibit his use of the road. A couple of strategically placed boulders or other large item, railroad ties, whatever, should keep him on the road and off the shoulder.

Or how about a nice row of trees, close enough to the road and to each other so as to prohibit parking off the road. Who could argue with a bunch of pretty trees?? LOL

 

[Dave Stevens]

Yes that is exactly what I was thinking. In fact in California a landowner is required to interrupt unpermitted use of land to prevent adverse posession or prescriptive right. As far as my logic can take me this means putting up a fence, or in my case, boulders or railroad ties like you suggest. He would for sure still be able to enjoy his ingress/egress.
Thank you for your input.

 

[CdwJava]

The shoulder suggestions seem like good ones. In addition, see if you can find a copy of the egress agreement in his title or lease and check to see if it defines anything other than travel (i.e. is parking or other use included).

And, remember, someone can sue anyone for anything ... winning is a different story.

- Carl

 

[SPR]

You could always put up "No Trespassing" signs too. This way, there is proof that he had been notified that no one is to be on the property.

 

[Dave Stevens]

No trespassing signs are a great idea! And that way he can't say that I'm harassing him because I am just putting signs up on my property! Great Idea.

 

[HappyHusband]

"I own a small private road that he has an easment on for ingress/egress " guess that part eliminates the trespassing idea.

If he ain't ingressing or egressing, he must be trespassing.

 

[HappyHusband]

No trespassing signs are a great idea! And that way he can't say that I'm harassing him because I am just putting signs up on my property! Great Idea.

He has ignored all the calls and letters, why shouldn't he ignore the signs?

 

[SPR]

He has ignored all the calls and letters, why shouldn't he ignore the signs?

I think he is looking for a way to avoid direct confrontation with the person and not worry about any harrassment charges. That's why I suggested no trespassing signs.

I am not sure about all of the easment laws though. I was under the impression that it's still prvate property, but no structures can be put on it though. Maybe I am not thinking of the same thing.

 

[CdwJava]

Here is at least one good treatise on the query:

http://answers.google.com/answers/threadview?id=740678

- Carl

 

[SPR]

Here is at least one good treatise on the query:

http://answers.google.com/answers/threadview?id=740678

- Carl

Excellent info!!!