Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

A little more than 2 years ago, I purchased bare land in…

A little more than...

A little more than 2 years ago, I purchased bare land in Monterey County. I have a legal driveway easement, but one of the neighbors continues to block our easement and harass us. I tried to sell the property but the neighbor screamed profanities at realtors and potential buyers making it impossible to sell. I decided to maintain the property but this woman met me and my daughter in the shared driveway easement with a rifle/shotgun. I got a restraining order that was served Saturday morning and Saturday night she started harassing, slandering and inciting other to harass me on NextDoor. I called the sheriff's department and they said it is not a violation of the court order because it is on the internet and my order doesn't say she can't mention my name! This woman has no regard for authority or the restraining order. She constantly calls the code enforcement to have us red tagged pending investigation which always shows we are not doing anything illegal!!!

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Yes, I have a temporary restraining order (with violence) until our court date on October 12th.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 25 minutes by:
9/26/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,037
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

Does the RO prohibit her from making any disparaging comments about you or just from contacting you directly or through 3rd parties?

.

Have you considered suing her for harassment and private nuisance?

.

What is your legal question I can help with tonight?

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 10 months ago
A protection order is supposed to prevent her from harassment intimidation attack strikes stop threatening assault hit abuse distroy personal property of or disturb the peace of the person contact either directly or indirectly in anywayand not block the legal driveway easement.I would like to sue her under the harassment nuisance but also under contractial interference and now slander!
Customer reply replied 10 months ago
How do I do that?
Customer reply replied 10 months ago
I went to that self-help center at the courthouse but they said they don't deal with these types of issues and I would have to hire a private attorney. I cannot afford a private attorney at this time. This woman is a bully and will stop at nothing to prevent me from accessing my property.

Ok, then I would opine that she is in violation by engaging in harassment through her online approach and the comments she is posting.. So I would suggest following up directly with the DA to file a private criminal complaint and see if they would follow up on it. Sheriffs can be a bit lazy sometimes and try to get out of the paperwork of a legitimate complaint like this..

.

As for legal action, if the person is engaging in this type behavior simply to annoy and disturb you, you could file criminal and civil charges for harassment.

.

CA Civil Code 527.6 defines harassment as:

.

3) “Harassment” is unlawful violence, a credible threat of violence, or 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. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.

.

The Modern Penal Code section 250.4(MPC) defines harassment as a petty misdemeanor if with purpose is to harass another, he: 1) makes a phone call without a legitimate purpose; or 2) insults, taunts or challenges another in a manner likely to provoke violent or disorderly response; or 3) calls at inconvenient hours or in offensive language; or 4) subjects another to offensive touching; or 5) engages in any other course of alarming conduct serving no legitimate purpose of the actor.

.

Under the United States Code Title 18 Subsection 1514(c)1. Harassment is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose".

.

Put simply, anything that people do for no good reason or lawful reason or purpose and they know it distresses you is harassment.

.

You could file a civil harassment suit against the person and be awarded monetary damages and injunctive action if you can show proof she is harassing you with her actions.

.

But this is something that you would need an attorney to pursue as this is a little more complex than the typical small claims court case.. You could contact the local Legal Aid office to see if they could help represent you or refer you to a low cost or pro bono attorney who could assist.

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,037
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Today, I was served with a restraining order against my neighbor, based on perjury in her declaration and incorrect information regarding use of "HER PROPERTY", meaning the legal driveway easement and the bare land neighbor we share the legal driveway easement with. In the order I requested for the stay away portion, the judge decided that it was impractical to order a distance since our properties adjoin one another and we share a legal driveway easement. In the order I received today, the stay away is 100 yards, which means that I cannot even access my property to obey the order!!!
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,037
43,037 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,037 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a neighbor who is monitoring our every move. They
I have a neighbor who is monitoring our every move. They have a video camera pointed at my house from their bedroom, they watch us constantly from their kitchen and living room windows which also face… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
Neighbor spoke to the people we rent from trying to get us
Neighbor spoke to the people we rent from trying to get us evicted. Saying some outrageous allegations; were running a drug house, the defamation to owners putting green is beyond repair, we have a pa… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
I have about a 20 foot easement at the end of my driveway
I have about a 20 foot easement at the end of my driveway that crosses a corner of my neighbors property. We've owned the property for about 13 years and the previous owner for 40+ years and the drive… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We've been harassed several times by an unpleasant neighbor
We've been harassed several times by an unpleasant neighbor who built his house nearly abutting ours, with a side-way garage which would require using our driveway and garage. His builder assured us h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Some years back I purchased a house in Lansing, Michigan, that
Some years back I purchased a house in Lansing, Michigan, that had a pre-established written easement agreement with my neighbor specifying the driveway to be shared. I believe that the original inten… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I share a driveway easement with my neighbor. He owns the
I share a driveway easement with my neighbor. He owns the property, I have the right to use the driveway "for driveway purposes". He has not liked that easment since the day we moved in, and he has co… read more
Attorney 1
Attorney 1
2,703 satisfied customers
I have rented my apartment in a luxury condominium building
I have rented my apartment in a luxury condominium building in Manhattan for almost three years. For this entire time, my neighbor who lives all the way down the hall, around the corner and past the f… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
We share a driveway with our neighbors south of us. The
We share a driveway with our neighbors south of us. The driveway was once a road (Reed Road) that was privately owned and never publicly owned. The road was closed at the north end and rerouted away f… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
What can be done about a neighbor to a property that is listed
What can be done about a neighbor to a property that is listed by a realtor, who comes over when the home is being shown, makes a scene. Specifically, the woman harasses the potential buyers and the r… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
When I bought this house, my realtor ceded a portion of my
When I bought this house, my realtor ceded a portion of my land to a neighbor because they had previously built a driveway on it. THat same neighbor has watched me and called police and city on me for… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We are trying to sell my parents home in Brooklyn, NY....They
We are trying to sell my parents home in Brooklyn, NY....They have a driveway which they have been using for 31 years to park their cars and the owners before them parked in the driveway too....their … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
Bank of America mistakenly foreclosed on a home instead of
Bank of America mistakenly foreclosed on a home instead of recording a deed in lieu. The home ended up with Fannie Mae. The foreclosure wiped out the only recorded driveway access to the home. The hom… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Six weeks ago a dreadful neighbor moved into the apartment
Six weeks ago a dreadful neighbor moved into the apartment above me (I live in New York City). The family consists of a very angry woman and her 20 year old, six feet tall, severely autistic son. He s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently installed a driveway at my home. In order to connect
I recently installed a driveway at my home. In order to connect it with the street, I paid for paving over the town (utility) right of way after verifying with the town that it was my responsibbility.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husbands family has owned their land for generations. A
My husbands family has owned their land for generations. A "down the road neighbor" has been using the driveway since he bought a small part of the land about 5 years ago. He has become rude, nasty, a… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am a tenant who has been harassed for 7 months repeatedly
I am a tenant who has been harassed for 7 months repeatedly by a neighbor with a violent criminal record who looks down into my backyard. His harassment includes consistant screaming obscenities, yell… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Weird Scenario! Okay, the house behind us was purchased, although
Weird Scenario! Okay, the house behind us was purchased, although before the bank would close they had to take care of the encroachment (driveway, asphalt on our land). Therefore their realtor gave us… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,037 satisfied customers
I have an easement to use a single-lane driveway that has a ...
I have an easement to use a single-lane driveway that has a retaining wall on the neighbor/owner''s side of the drive. He said he did not want me to have a friend move in to my property. When she move… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x