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-   -   Neighbor's ongoing harassment. (https://www.askmehelpdesk.com/showthread.php?t=308565)

  • Jan 25, 2009, 06:09 PM
    Harassed
    Neighbor's ongoing harassment.
    We live across from the neighbors from H@ll and unfortunately, share our driveway with them. We also share the driveway with a neighbor to the right. These three homes are built close very together. You drive up off the main street to get into the shared driveway and then get into the individual garages. I actually was very considerate of the neighbors across the "street", or I should say, across the driveway INITIALLY, because it IS a tight squeeze. We ALL park one car on the driveway and one inside the tiny garages.

    My consideration has disappeared because of their sense of entitlement. The wife has the fancier car that they want in the garage but the husband gets home first. In addition, they want to "show car" park (meaning, the wife wants to rear end into their garage rather than "front / nose in"). The husband gets home first, parks his car at the very end of the driveway and then the wife arrives. Because that corner of the driveway where he parks is taken up by his car, the wife does a 180 turn at the start of the driveway and then moves slowly up to position her car, butt in, in front of her garage. This works IF my car is parked only in the EXTREME corner of the driveway. If it is anywhere else, she cannot do the 180 turn ALTHOUGH she CAN get into the garage "nose in" first!

    So, from the beginning, they have been telling me that therefore I *cannot* park my car anywhere on the driveway, other than the far end, just because (a) they WANT her car in their garage, (b) they DO NOT WANT the husband to not park on the street (even if it means that she has more room to maneuver her car into the garage) AND (c) they want her car in, rear end first.

    Over a yar ago, after the continuing harassment, I told them upfront that I am not going to bend over backwards just to accommodate their demands, that if they want to "show car" park, that then they needed to figure out how other than demanding / dictating where I park! Unfortunately, we do not have a HOA. If we did, I wouldn't be harassed like this. This made the husband SO MAD that he abused me with foul language and also raised his fists at me as if to attack me. My then 2-yr-old daughter witnessed this and was scared out of her wits. The cops told me that as it was a 'civil matter', that they cannot interfere. Because I was afraid and didn't want my daughter intimidated, I began to park at the end of the driveway. They seemed to see this as a major victory.

    This may have been, except for the fact that in these past few weeks, I'm seeing ugly tire marks on the driveway. I wash the driveway every week but it's all undone during the week. If they "fronted" into the garage, they wouldn't even need access our side of the driveway. They are quick to quote "ingress / egress" when I bring this up with them, but they don't want to clean the driveway on my side "because that's MY JOB!" Also, if the driveway cracks, shouldn't they share the cost of repairing it?

    What should I do? I'm at my wits' end. Surely it is illegal to threaten someone with physical violence? Do I have any options other than moving away (which is impossible as I owe more on the house than I could possibly sell it for!) Please, please advice.

    Thanks.
  • Jan 25, 2009, 07:25 PM
    cdad

    Have you examined the title of the property carefully ? In some cases when there is no home owners assc there are other rules put into place for resolution or disputes. They are most commonly known as CC&R's. Covenents, Conditions and restrictions. You might want to look into that. Also you might want to survey the property lines and see where they really are. Also check with local fire department and city codes because in some cases it may be illegal to park a car in the manner your neighbor is. The reason being is that the exhaust is at the rear so in theory with the garage door open the exahust can vent off.. but backing in the car causes the exhaust to puddle and can can exphixiation to the occupents of the home. That's why some places have laws against it.
  • Jan 25, 2009, 09:35 PM
    Harassed
    Quote:

    Originally Posted by califdadof3 View Post
    Have you examined the title of the property carefully ? In some cases when there is no home owners assc there are other rules put into place for resolution or disputes. They are most commonly known as CC&R's. Covenents, Conditions and restrictions. You might want to look into that. Also you might want to survey the property lines and see where they really are. Also check with local fire department and city codes because in some cases it may be illegal to park a car in the manner your neighbor is. The reason being is that the exhaust is at the rear so in theory with the garage door open the exahust can vent off .. but backing in the car causes the exhaust to puddle and can can exphixiation to the occupents of the home. Thats why some places have laws against it.

    Hi CalifDad,

    I live in San Jose, CA. Do you know if there are ordinances here against parking in the way I described above? Thanks.
  • Jan 25, 2009, 10:15 PM
    MarkwithaK
    If it were me, I would intentionally park in such a manner that prevented them from parking how they choose. When they come knocking on the door I wouldn't answer. If and when I did answer the door I would make sure the little one is tucked away from the oncoming confrontation then answer the door with a video camera rolling and refuse to move my car.
  • Jan 26, 2009, 07:35 AM
    JudyKayTee
    Quote:

    Originally Posted by Harassed View Post
    Hi CalifDad,

    I live in San Jose, CA. Do you know if there are ordinances here against parking in the way I described above? Thanks.



    Call and ask your local code enforcement officer. Some of this may depend on where you live and what the restrictions are in your area.

    For example, I live in an area which does not allow street parking. About 500 feet yards down the street, on street parking is allowed.
  • Jan 26, 2009, 07:42 AM
    Fr_Chuck

    You may park on your section as you wish, they may have to back one car out to move the other in.

    It does appear there is some envy also of their cars?? But don't listen to them, walk off, don't tell them anything, just parkand ignore them.
  • Jan 26, 2009, 08:28 AM
    JudyKayTee
    Quote:

    Originally Posted by MarkwithaK View Post
    If it were me, I would intentionally park in such a manner that prevented them from parking how they choose. When they come knocking on the door I wouldn't answer. If and when I did answer the door i would make sure the little one is tucked away from the oncoming confrontation then answer the door with a video camera rolling and refuse to move my car.


    I think this advice could get the OP - minimally - arrested. You cannot legally "entice" someone into hitting you and I see this plan only making the situation worse.

    My suggestion? You have an Attorney write a letter explaining the problem and the law and see what happens after that.

    I would also be interested in just what the other problems between the neighbors are.
  • Jan 26, 2009, 12:42 PM
    Harassed
    Quote:

    Originally Posted by JudyKayTee View Post
    I think this advice could get the OP - minimally - arrested. You cannot legally "entice" someone into hitting you and I see this plan only making the situation worse.

    My suggestion? You have an Attorney write a letter explaining the problem and the law and see what happens after that.

    I would also be interested in just what the other problems between the neighbors are.

    Hi,

    There is really no other problem - not that I wish there were! The husband seems to have some anger management issues and frankly, he scares me. I will be seeing a lawyer soon - it's time I stopped being intimidated and harassed about where I can and cannot park on my own driveway!

    And, no, I'm not jealous of their cars! I live frugally, so I am quite happy with my aging Nissan and it's slightly younger sister, a Honda! :) I'd rather put that kind of money in my preschooler's college education fund!
  • Jan 26, 2009, 02:11 PM
    JudyKayTee
    Quote:

    Originally Posted by Harassed View Post
    Hi,

    There is really no other problem - not that I wish there were! The husband seems to have some anger management issues and frankly, he scares me. I will be seeing a lawyer soon - it's time I stopped being intimidated and harassed about where I can and cannot park on my own driveway!

    And, no, I'm not jealous of their cars! I live frugally, so I am quite happy with my aging Nissan and it's slightly younger sister, a Honda! :) I'd rather put that kind of money in my preschooler's college education fund!



    I LOVE the "slightly young sister, a Honda" comment! May I use it when I refer to my cars?

    I had possibly the cousins of your neighbors next to me and I retained an Attorney. I wasn't kidding - I was totally prepared to sue for harassment - intentional infliction of emotional stress. That ended it.
  • Jan 26, 2009, 04:29 PM
    cdad
    Quote:

    Originally Posted by Harassed View Post
    Hi CalifDad,

    I live in San Jose, CA. Do you know if there are ordinances here against parking in the way I described above? Thanks.

    You might try checking here and also call your local fire dept in San Jose because they have a hazmat team and can tell you more about EPA restrictions as it relates to parking a car backwards in a garage.

    http://www.sanjoseca.gov/planning/pdf/zoning_code.pdf

    City of San Jose

    First one is city ord and other one is contacts for city government for San Jose.
  • Jan 26, 2009, 06:30 PM
    Harassed
    Quote:

    Originally Posted by JudyKayTee View Post
    I LOVE the "slightly young sister, a Honda" comment! May I use it when I refer to my cars?

    I had possibly the cousins of your neighbors next to me and I retained an Attorney. I wasn't kidding - I was totally prepared to sue for harrassment - intentional infliction of emotional stress. That ended it.

    Of course you may, fair lady. I LOVE my cars and refer to them as 'my girls'! :D

    I realize that sometimes seeing the words printed on an attorney's stationary, rather than hearing them come from a neighbor's voice box, is 200% more effective. We'll see how this pans out.

    Califdad, thanks for the advice. I called the City today and left a message for one of their inspectors. I'm going to report him if I can - maybe a penalty will help him manage his anger better.
  • Jan 27, 2009, 05:12 PM
    twinkiedooter

    Is it possible to paint lines on the driveway so they know where their driveway parking area is and where your driveway parking area is? This way you can park your cars where you wish in your designated driveway.

    I do like the attorney writing them the letter business as well.

    Unfortunately cursing or using obscene or horrid language is not against the law. The cops will probably tell you if you don't want to listen to their triads or have your child listen to it, go inside the house and shut the door as this is part of the free speech we enjoy here whether it is clean or dirty language.

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