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fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks1q1i
|
fks7lv0
| 1,584,480,463 | 1,584,483,986 | 9 | 66 |
Your parents should contact their title insurance company. It's conceivable that the guy might actually have a right to the land under the doctrine of "adverse possession." However, two of the requirements of adverse possession is that the neighbor's possession of the property was "exclusive" (in other words, it kept other people out) and the possession had to be "open and notorious" (in other words, it had to be obvious to other people). The typical case is when somebody fences in property (because a fence is exclusive and it's obvious). Without that, it's not quite as clear.
|
One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
| 0 | 3,523 | 7.333333 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrth0g
|
fks7lv0
| 1,584,475,703 | 1,584,483,986 | 5 | 66 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
|
One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
| 0 | 8,283 | 13.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3vkt
|
fks7lv0
| 1,584,481,741 | 1,584,483,986 | 4 | 66 |
Does title insurance cover this?
|
One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
| 0 | 2,245 | 16.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks7lv0
|
fks3pv2
| 1,584,483,986 | 1,584,481,651 | 66 | 3 |
One comment was a bit buried, and I want to make sure you see it: the presence of a fence at the property is beneficial. It sounds like this neighbor was going over an electric fence to maintain these trees. I would take pictures as soon as possible. Especially before the neighbor can change anything. I am not a lawyer. I agree with all above, you need one.
|
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
| 1 | 2,335 | 22 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks153f
|
fkshco6
| 1,584,480,116 | 1,584,490,107 | 26 | 32 |
Your dad is in lawyer territory. That said, your neighbor's case is far from air-tight. The law would require that the rear neighbor have been "openly, exclusively, and continuously in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property for at least 15 years". Adverse possession generally requires *exclusionary* possession of the land. Planting trees on someone else's land doesn't exclude the registered owner from enjoying the land or stake your claim to that land. Putting down a fence would. It may be worthwhile fencing off the land claimed to be subject to adverse possession and letting the rear neighbor make the first move. Hiring lawyers is expensive (it may even cost more than the value of the claimed land), and he may not be willing to put forward the money needed to press his adverse possession claim. If the neighbor dies without bringing a claim or while a claim is brought but before his testimony is taken, there will be no witness available to press his adverse possession claim. The presumption of the accuracy of title would kick in. The thing is, there may be a limitation period on your dad filing a claim against the vendor and his real estate agent which he doesn't want to run out. He really needs some legal advice. Relevant sections of KS: ***58-2208.*** ***Adverse possession; interest may be conveyed notwithstanding.*** *Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.* ***60-503.*** ***Adverse possession.*** *No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.*
|
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
| 0 | 9,991 | 1.230769 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkshco6
|
fkrrt38
| 1,584,490,107 | 1,584,474,752 | 32 | 18 |
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
|
When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
| 1 | 15,355 | 1.777778 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkshco6
|
fkrv6ey
| 1,584,490,107 | 1,584,476,676 | 32 | 17 |
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
|
You need to get a lawyer , but as someone who lives in leawood and had shopped all around that area for a while most of the HOA agreements are very specific about who controls the trees. Butt like others have said you need to get your title insurance company involved and a lawyer asap
| 1 | 13,431 | 1.882353 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkshco6
|
fkriwr2
| 1,584,490,107 | 1,584,469,758 | 32 | 10 |
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
|
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 20,349 | 3.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks1q1i
|
fkshco6
| 1,584,480,463 | 1,584,490,107 | 9 | 32 |
Your parents should contact their title insurance company. It's conceivable that the guy might actually have a right to the land under the doctrine of "adverse possession." However, two of the requirements of adverse possession is that the neighbor's possession of the property was "exclusive" (in other words, it kept other people out) and the possession had to be "open and notorious" (in other words, it had to be obvious to other people). The typical case is when somebody fences in property (because a fence is exclusive and it's obvious). Without that, it's not quite as clear.
|
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
| 0 | 9,644 | 3.555556 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkshco6
|
fkrth0g
| 1,584,490,107 | 1,584,475,703 | 32 | 5 |
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
|
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
| 1 | 14,404 | 6.4 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkshco6
|
fks3vkt
| 1,584,490,107 | 1,584,481,741 | 32 | 4 |
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
|
Does title insurance cover this?
| 1 | 8,366 | 8 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3pv2
|
fkshco6
| 1,584,481,651 | 1,584,490,107 | 3 | 32 |
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
|
As a surveyor, i can tell you land can not be acquiesced based on the fact you planted a tree and mowed it, which seems to be the neighbors only claim to ownership. Get a lawyer.
| 0 | 8,456 | 10.666667 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrrt38
|
fks153f
| 1,584,474,752 | 1,584,480,116 | 18 | 26 |
When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
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Your dad is in lawyer territory. That said, your neighbor's case is far from air-tight. The law would require that the rear neighbor have been "openly, exclusively, and continuously in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property for at least 15 years". Adverse possession generally requires *exclusionary* possession of the land. Planting trees on someone else's land doesn't exclude the registered owner from enjoying the land or stake your claim to that land. Putting down a fence would. It may be worthwhile fencing off the land claimed to be subject to adverse possession and letting the rear neighbor make the first move. Hiring lawyers is expensive (it may even cost more than the value of the claimed land), and he may not be willing to put forward the money needed to press his adverse possession claim. If the neighbor dies without bringing a claim or while a claim is brought but before his testimony is taken, there will be no witness available to press his adverse possession claim. The presumption of the accuracy of title would kick in. The thing is, there may be a limitation period on your dad filing a claim against the vendor and his real estate agent which he doesn't want to run out. He really needs some legal advice. Relevant sections of KS: ***58-2208.*** ***Adverse possession; interest may be conveyed notwithstanding.*** *Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.* ***60-503.*** ***Adverse possession.*** *No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.*
| 0 | 5,364 | 1.444444 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks153f
|
fkrv6ey
| 1,584,480,116 | 1,584,476,676 | 26 | 17 |
Your dad is in lawyer territory. That said, your neighbor's case is far from air-tight. The law would require that the rear neighbor have been "openly, exclusively, and continuously in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property for at least 15 years". Adverse possession generally requires *exclusionary* possession of the land. Planting trees on someone else's land doesn't exclude the registered owner from enjoying the land or stake your claim to that land. Putting down a fence would. It may be worthwhile fencing off the land claimed to be subject to adverse possession and letting the rear neighbor make the first move. Hiring lawyers is expensive (it may even cost more than the value of the claimed land), and he may not be willing to put forward the money needed to press his adverse possession claim. If the neighbor dies without bringing a claim or while a claim is brought but before his testimony is taken, there will be no witness available to press his adverse possession claim. The presumption of the accuracy of title would kick in. The thing is, there may be a limitation period on your dad filing a claim against the vendor and his real estate agent which he doesn't want to run out. He really needs some legal advice. Relevant sections of KS: ***58-2208.*** ***Adverse possession; interest may be conveyed notwithstanding.*** *Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.* ***60-503.*** ***Adverse possession.*** *No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.*
|
You need to get a lawyer , but as someone who lives in leawood and had shopped all around that area for a while most of the HOA agreements are very specific about who controls the trees. Butt like others have said you need to get your title insurance company involved and a lawyer asap
| 1 | 3,440 | 1.529412 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks153f
|
fkriwr2
| 1,584,480,116 | 1,584,469,758 | 26 | 10 |
Your dad is in lawyer territory. That said, your neighbor's case is far from air-tight. The law would require that the rear neighbor have been "openly, exclusively, and continuously in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property for at least 15 years". Adverse possession generally requires *exclusionary* possession of the land. Planting trees on someone else's land doesn't exclude the registered owner from enjoying the land or stake your claim to that land. Putting down a fence would. It may be worthwhile fencing off the land claimed to be subject to adverse possession and letting the rear neighbor make the first move. Hiring lawyers is expensive (it may even cost more than the value of the claimed land), and he may not be willing to put forward the money needed to press his adverse possession claim. If the neighbor dies without bringing a claim or while a claim is brought but before his testimony is taken, there will be no witness available to press his adverse possession claim. The presumption of the accuracy of title would kick in. The thing is, there may be a limitation period on your dad filing a claim against the vendor and his real estate agent which he doesn't want to run out. He really needs some legal advice. Relevant sections of KS: ***58-2208.*** ***Adverse possession; interest may be conveyed notwithstanding.*** *Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.* ***60-503.*** ***Adverse possession.*** *No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.*
|
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 10,358 | 2.6 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks153f
|
fkrth0g
| 1,584,480,116 | 1,584,475,703 | 26 | 5 |
Your dad is in lawyer territory. That said, your neighbor's case is far from air-tight. The law would require that the rear neighbor have been "openly, exclusively, and continuously in possession of the real property, either knowingly adversely or under an inaccurate belief of ownership of that property for at least 15 years". Adverse possession generally requires *exclusionary* possession of the land. Planting trees on someone else's land doesn't exclude the registered owner from enjoying the land or stake your claim to that land. Putting down a fence would. It may be worthwhile fencing off the land claimed to be subject to adverse possession and letting the rear neighbor make the first move. Hiring lawyers is expensive (it may even cost more than the value of the claimed land), and he may not be willing to put forward the money needed to press his adverse possession claim. If the neighbor dies without bringing a claim or while a claim is brought but before his testimony is taken, there will be no witness available to press his adverse possession claim. The presumption of the accuracy of title would kick in. The thing is, there may be a limitation period on your dad filing a claim against the vendor and his real estate agent which he doesn't want to run out. He really needs some legal advice. Relevant sections of KS: ***58-2208.*** ***Adverse possession; interest may be conveyed notwithstanding.*** *Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein, in the same manner and with like effect as if he or she was in the actual possession thereof.* ***60-503.*** ***Adverse possession.*** *No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act.*
|
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
| 1 | 4,413 | 5.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrrt38
|
fkriwr2
| 1,584,474,752 | 1,584,469,758 | 18 | 10 |
When we bought our house and when we sold my parents home, a plat of survey was required for the sale that was less than a certain time period old (we needed a new one for my parents house because the one we had was dated in the 1940’s). Do you have a recent on? Or was the one you mentioned was the only recent one? Not a lawyer - but in addition to getting a lawyer, I would think your title insurance company should be involved.
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The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
| 1 | 4,994 | 1.8 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt2rly
|
fksuu2q
| 1,584,504,632 | 1,584,498,917 | 17 | 15 |
1. Get a property attorney and call the title insurance company. 2. Do not let your dad talk to the neighbor. Bad neighbor relations are horrible to handle and there is no reason to antagonize by demanding things the law cannot give or try to make peace by offering things you have no power to offer. Let the lawyer straighten it out.
|
I'd be interested to see proof that the neighbor actually planted the trees. Easy to say "Hey, those are my trees", harder to prove.
| 1 | 5,715 | 1.133333 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkriwr2
|
fkt2rly
| 1,584,469,758 | 1,584,504,632 | 10 | 17 |
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
|
1. Get a property attorney and call the title insurance company. 2. Do not let your dad talk to the neighbor. Bad neighbor relations are horrible to handle and there is no reason to antagonize by demanding things the law cannot give or try to make peace by offering things you have no power to offer. Let the lawyer straighten it out.
| 0 | 34,874 | 1.7 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks1q1i
|
fkt2rly
| 1,584,480,463 | 1,584,504,632 | 9 | 17 |
Your parents should contact their title insurance company. It's conceivable that the guy might actually have a right to the land under the doctrine of "adverse possession." However, two of the requirements of adverse possession is that the neighbor's possession of the property was "exclusive" (in other words, it kept other people out) and the possession had to be "open and notorious" (in other words, it had to be obvious to other people). The typical case is when somebody fences in property (because a fence is exclusive and it's obvious). Without that, it's not quite as clear.
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1. Get a property attorney and call the title insurance company. 2. Do not let your dad talk to the neighbor. Bad neighbor relations are horrible to handle and there is no reason to antagonize by demanding things the law cannot give or try to make peace by offering things you have no power to offer. Let the lawyer straighten it out.
| 0 | 24,169 | 1.888889 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrth0g
|
fkt2rly
| 1,584,475,703 | 1,584,504,632 | 5 | 17 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
|
1. Get a property attorney and call the title insurance company. 2. Do not let your dad talk to the neighbor. Bad neighbor relations are horrible to handle and there is no reason to antagonize by demanding things the law cannot give or try to make peace by offering things you have no power to offer. Let the lawyer straighten it out.
| 0 | 28,929 | 3.4 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt2rly
|
fks3vkt
| 1,584,504,632 | 1,584,481,741 | 17 | 4 |
1. Get a property attorney and call the title insurance company. 2. Do not let your dad talk to the neighbor. Bad neighbor relations are horrible to handle and there is no reason to antagonize by demanding things the law cannot give or try to make peace by offering things you have no power to offer. Let the lawyer straighten it out.
|
Does title insurance cover this?
| 1 | 22,891 | 4.25 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt2rly
|
fks3pv2
| 1,584,504,632 | 1,584,481,651 | 17 | 3 |
1. Get a property attorney and call the title insurance company. 2. Do not let your dad talk to the neighbor. Bad neighbor relations are horrible to handle and there is no reason to antagonize by demanding things the law cannot give or try to make peace by offering things you have no power to offer. Let the lawyer straighten it out.
|
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
| 1 | 22,981 | 5.666667 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkriwr2
|
fkrv6ey
| 1,584,469,758 | 1,584,476,676 | 10 | 17 |
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
|
You need to get a lawyer , but as someone who lives in leawood and had shopped all around that area for a while most of the HOA agreements are very specific about who controls the trees. Butt like others have said you need to get your title insurance company involved and a lawyer asap
| 0 | 6,918 | 1.7 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrth0g
|
fkrv6ey
| 1,584,475,703 | 1,584,476,676 | 5 | 17 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
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You need to get a lawyer , but as someone who lives in leawood and had shopped all around that area for a while most of the HOA agreements are very specific about who controls the trees. Butt like others have said you need to get your title insurance company involved and a lawyer asap
| 0 | 973 | 3.4 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkriwr2
|
fksuu2q
| 1,584,469,758 | 1,584,498,917 | 10 | 15 |
The neighbor may actually be correct. He may now own the land through the doctrine of adverse possession. Different states have different requirements to trigger this. You need to ask a Kansas real estate attorney.
|
I'd be interested to see proof that the neighbor actually planted the trees. Easy to say "Hey, those are my trees", harder to prove.
| 0 | 29,159 | 1.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks1q1i
|
fksuu2q
| 1,584,480,463 | 1,584,498,917 | 9 | 15 |
Your parents should contact their title insurance company. It's conceivable that the guy might actually have a right to the land under the doctrine of "adverse possession." However, two of the requirements of adverse possession is that the neighbor's possession of the property was "exclusive" (in other words, it kept other people out) and the possession had to be "open and notorious" (in other words, it had to be obvious to other people). The typical case is when somebody fences in property (because a fence is exclusive and it's obvious). Without that, it's not quite as clear.
|
I'd be interested to see proof that the neighbor actually planted the trees. Easy to say "Hey, those are my trees", harder to prove.
| 0 | 18,454 | 1.666667 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrth0g
|
fksuu2q
| 1,584,475,703 | 1,584,498,917 | 5 | 15 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
|
I'd be interested to see proof that the neighbor actually planted the trees. Easy to say "Hey, those are my trees", harder to prove.
| 0 | 23,214 | 3 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3vkt
|
fksuu2q
| 1,584,481,741 | 1,584,498,917 | 4 | 15 |
Does title insurance cover this?
|
I'd be interested to see proof that the neighbor actually planted the trees. Easy to say "Hey, those are my trees", harder to prove.
| 0 | 17,176 | 3.75 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fksuu2q
|
fks3pv2
| 1,584,498,917 | 1,584,481,651 | 15 | 3 |
I'd be interested to see proof that the neighbor actually planted the trees. Easy to say "Hey, those are my trees", harder to prove.
|
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
| 1 | 17,266 | 5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkrth0g
|
fks1q1i
| 1,584,475,703 | 1,584,480,463 | 5 | 9 |
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
|
Your parents should contact their title insurance company. It's conceivable that the guy might actually have a right to the land under the doctrine of "adverse possession." However, two of the requirements of adverse possession is that the neighbor's possession of the property was "exclusive" (in other words, it kept other people out) and the possession had to be "open and notorious" (in other words, it had to be obvious to other people). The typical case is when somebody fences in property (because a fence is exclusive and it's obvious). Without that, it's not quite as clear.
| 0 | 4,760 | 1.8 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkthaed
|
fkrth0g
| 1,584,519,761 | 1,584,475,703 | 6 | 5 |
My family has many properties and various versions of this have happened in the past. First obtain an attorney and get a game plan. At the same time find a good land surveyor to be ready when your lawyer is ready to match your land to the county government records. There is no argument for the neighbors. This will be easy to clear up. But you will need to find a way to repair the bad relations with you neighbors.
|
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
| 1 | 44,058 | 1.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3vkt
|
fkthaed
| 1,584,481,741 | 1,584,519,761 | 4 | 6 |
Does title insurance cover this?
|
My family has many properties and various versions of this have happened in the past. First obtain an attorney and get a game plan. At the same time find a good land surveyor to be ready when your lawyer is ready to match your land to the county government records. There is no argument for the neighbors. This will be easy to clear up. But you will need to find a way to repair the bad relations with you neighbors.
| 0 | 38,020 | 1.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt55j7
|
fkthaed
| 1,584,506,565 | 1,584,519,761 | 5 | 6 |
Nope nip that in the bud. Over several year of they encroach on your property it is legally theirs but since you guys are new owners and you don’t know anything about that then take it up with lawyers. Build the fence.
|
My family has many properties and various versions of this have happened in the past. First obtain an attorney and get a game plan. At the same time find a good land surveyor to be ready when your lawyer is ready to match your land to the county government records. There is no argument for the neighbors. This will be easy to clear up. But you will need to find a way to repair the bad relations with you neighbors.
| 0 | 13,196 | 1.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3pv2
|
fkthaed
| 1,584,481,651 | 1,584,519,761 | 3 | 6 |
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
|
My family has many properties and various versions of this have happened in the past. First obtain an attorney and get a game plan. At the same time find a good land surveyor to be ready when your lawyer is ready to match your land to the county government records. There is no argument for the neighbors. This will be easy to clear up. But you will need to find a way to repair the bad relations with you neighbors.
| 0 | 38,110 | 2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt80m9
|
fkrth0g
| 1,584,509,133 | 1,584,475,703 | 6 | 5 |
IDK if anyone mentioned before, HOA! They have their own rules and bylaws that you must go by. Pull up on city or county taxes where property lines start, hire a surveyor (this is where HOA people will have the problem) and make them mark where the lines are. Lawyer up, HOA will do the same rather if they are for you or against you, or in extreme measures, will try to stop you in general. Good luck. Edit: I do property management on the side and regularly come across property issues and landlord lease issues. You dont want HOA admins pissed off
|
Doesn't matter what he wants unless like others have mentioned if adverse possession applies here. Property lawyer is definitely the best way to go. Also, hello fellow overland Park resident!
| 1 | 33,430 | 1.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt80m9
|
fks3vkt
| 1,584,509,133 | 1,584,481,741 | 6 | 4 |
IDK if anyone mentioned before, HOA! They have their own rules and bylaws that you must go by. Pull up on city or county taxes where property lines start, hire a surveyor (this is where HOA people will have the problem) and make them mark where the lines are. Lawyer up, HOA will do the same rather if they are for you or against you, or in extreme measures, will try to stop you in general. Good luck. Edit: I do property management on the side and regularly come across property issues and landlord lease issues. You dont want HOA admins pissed off
|
Does title insurance cover this?
| 1 | 27,392 | 1.5 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt80m9
|
fkt55j7
| 1,584,509,133 | 1,584,506,565 | 6 | 5 |
IDK if anyone mentioned before, HOA! They have their own rules and bylaws that you must go by. Pull up on city or county taxes where property lines start, hire a surveyor (this is where HOA people will have the problem) and make them mark where the lines are. Lawyer up, HOA will do the same rather if they are for you or against you, or in extreme measures, will try to stop you in general. Good luck. Edit: I do property management on the side and regularly come across property issues and landlord lease issues. You dont want HOA admins pissed off
|
Nope nip that in the bud. Over several year of they encroach on your property it is legally theirs but since you guys are new owners and you don’t know anything about that then take it up with lawyers. Build the fence.
| 1 | 2,568 | 1.2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3pv2
|
fkt80m9
| 1,584,481,651 | 1,584,509,133 | 3 | 6 |
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
|
IDK if anyone mentioned before, HOA! They have their own rules and bylaws that you must go by. Pull up on city or county taxes where property lines start, hire a surveyor (this is where HOA people will have the problem) and make them mark where the lines are. Lawyer up, HOA will do the same rather if they are for you or against you, or in extreme measures, will try to stop you in general. Good luck. Edit: I do property management on the side and regularly come across property issues and landlord lease issues. You dont want HOA admins pissed off
| 0 | 27,482 | 2 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt55j7
|
fks3vkt
| 1,584,506,565 | 1,584,481,741 | 5 | 4 |
Nope nip that in the bud. Over several year of they encroach on your property it is legally theirs but since you guys are new owners and you don’t know anything about that then take it up with lawyers. Build the fence.
|
Does title insurance cover this?
| 1 | 24,824 | 1.25 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fks3pv2
|
fks3vkt
| 1,584,481,651 | 1,584,481,741 | 3 | 4 |
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
|
Does title insurance cover this?
| 0 | 90 | 1.333333 |
fk9qeg
|
legaladvice_train
| 0.97 |
Parents bought a house for roughly half a million, Neighbor in the back thinks a chunk of their property is his because he planted trees on it and took care of it for 20 years before they bought it. Now he wants them to give it to them Hi there. I'm not too familiar with this subreddit, but I was given some advice to come here, to at least get some direction on this situation. Any help with what information I have would be appreciated. Also, apologies for any mistakes. I'm on mobile. So for background on this, last year, my parents were looking to buy a house, and settled on one with an HOA in Overland Park KS. They quite literally closed on it a few days after Christmas. Currently, my Mother is the one living there, as she is working abroad while my sister works towards finishing her last term as a senior in highschool (which we hope the closing for Corvid-19 won't delay, but nothing is ever easy) in the town my Mother to live in. My sister lives with my Father in that town, so he has to make a 6-8 hour commute every weekend to handle projects for my Mother, as she is an administrator at a local hospital while consistently being on call. They are looking to repair an electric fence to keep their dogs within the property for when my sister graduates and they all move down there. They needed to submit a plan and map done by a professional surveyor to be allowed to bring in anyone who can work on it. That is where this trouble has begun. While the surveyor was outside doing their job on the very backside of their backyard, my Mother's rear neighbor came outside and shouted at them to leave his property and that they had better not be planning on building anything on it. Apparently, he had planted about 8 trees (I do not remember an exact number) on what he believed to be his property 20 years ago and has been taking care of it ever since. The previous owners never brought this up with him. Now, my Father is a prickly person, and does not do diplomacy very well, but he apparently called him this morning to figure things out. This neighborhood is apparently acknowledge he never paid for this property not legally owns it, but wants my parents to give it to him for free, as he has been taking care of it for so long. My Father was indignant at this, demanding to be paid if he wants it that badly, noting not a single contract either of them has ever signed has given him any right to the property. I should note, these are not the only property issues they are currently having after moving here. Another neighbor to their left had not followed HOA guidelines when he built a pocket fence 5 feet inside his line, and the HOA is telling both my parents and him that the electric fence and his have to meet at the property line, though he is demanding we leave an alleyway type of space. Further, this all happened with the rear neighbor literally this morning, and the HOA has not had time to input to my knowledge.
|
fkt55j7
|
fks3pv2
| 1,584,506,565 | 1,584,481,651 | 5 | 3 |
Nope nip that in the bud. Over several year of they encroach on your property it is legally theirs but since you guys are new owners and you don’t know anything about that then take it up with lawyers. Build the fence.
|
If I were your lawyer, my advice would be to build the back fence where you want it - essentially “take the hill.”
| 1 | 24,914 | 1.666667 |
il8mh9
|
legaladvice_train
| 0.79 |
[Colorado] Hot air balloon harassment Hi, We are in a mountain/rural area of Colorado, and while our property is our primary residence, it, and the surrounding areas are all zoned agricultural if that makes a difference. I understand airspace is no longer owned by the property holder, but we have had an ongoing problem with a local balloon tour company for several years. When we first moved in, we were startled awake one morning by the roar of their propane jets. Looking outside, the balloon was hovering roughly 60 feet off the ground over our driveway, and while distance was hard to guesstimate with a post-moving day hangover, they were close enough to clearly make out the graphics on everyone's shirt. 60-70 feet? The group was giggling at our startled irritation, waving, and hollering clever quips like "we came to your house for breakfast!" I wont belabor the point of how jarringly annoying that was- suffice to say, we didn't move 45 minutes from the nearest town because we are craving more contact with the more obnoxious, bovine elements of our species. During summer months, this is a regular feature, anywhere from once a month, to twice a week. The majority of the time they land in either unoccupied, or govt owned lots. However, they have also set down uncomfortably near to barns, unoccupied RVs, and livestock pens enough times that we've started a film archive of similar instances. I understand at least the general principles of balloon aviation, and the inability to meaningfully steer. However, I'm quite sure that what little regulation the FAA does attach to balloonists, would surely include proximity restrictions to private structures, particularly occupied residences, and altitude during passage over private property. Aside from the intrusive, belligerent annoyance, it spooks our animals into a frenzy, scares my special-needs daughter, and should somebody miscalculate their drift slightly and crash, our adjacent treeline is nought but cracker-dry timber. My daughter has taken to crouching down and covering her head when she sees the balloon's fat ass, full of fat asses, drifting over our house. The local rural sheriff's dept was about as helpful as you'd expect, and suggested we take photos if they land on our property. We don't really have the funds to hire a lawyer and formally address this if there is any other avenue, so if there is some violation of Colorado trespassing, noise, flight, safety etc, ordnances, that would be my first preferred attack vector. Colorado law seems to not really say much regarding balloons/property issues except that skeet shooting them would probably be inadvisable. TL;DR 1: Are they violating any Colorado-specific prohibitions on this sort of behaviour? 2: Would a cell phone video of them buzzing the neighbour's house last week have any standing with the FAA? 3: We have clearly posted No Tresspassing signs at all of our property boundaries- if/when they land on our property, what recourse do we have? (The sheriff's dept is small, and spread over a very large area- we've not had good luck getting assistance from them with mini raves/bonfires/drunks/gunfire adjacent our treeline during stringent fire bans, so I dont expect them to be timely about a tresspass call.) Thank you in advance for your help. P.S. I have a still from the video if that would help, but am not using the app, and it won't allow an image upload from any of the free image hosting attempts I made.
|
g3qbzgw
|
g3r7pi8
| 1,599,061,656 | 1,599,073,968 | 11 | 29 |
For point number 3: what are you expecting to reasonably do if a balloon lands on your property? It's not the passengers' fault. Are you going to attempt to get them charged with tresspassing?
|
Not a lawyer or a balloon pilot. I did a little reading through the FAA manual for hot air balloons and found the section on Minimum Safe Altitude Requirements that might be relevant. It would appear they are violating part C. if they are that close to your farm. If so, I believe contacting your local FAA office would be your best bet. > Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”
| 0 | 12,312 | 2.636364 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjq7t9
|
etk3vuu
| 1,562,879,012 | 1,562,888,239 | 80 | 91 |
Is CPS solely involved because of the father or are you being investigated? Your compromise seems reasonable to me. If you were refusing access completely, I’d be concerned about them trying to obtain court-ordered visitation rights, but saying they can have her for 2 full days is generous.
|
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
| 0 | 9,227 | 1.1375 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etk3vuu
|
etjuoc4
| 1,562,888,239 | 1,562,881,887 | 91 | 72 |
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
|
You are not being unreasonable. You know your ex and his parents far better than the social worker does. And seeing that your daughter is only 2, just a baby still, she can't speak up for herself. All day visitation is just fine and the grandparents should be thrilled to get to see her at all.
| 1 | 6,352 | 1.263889 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etk3vuu
|
etjypbx
| 1,562,888,239 | 1,562,884,609 | 91 | 62 |
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
|
Given your reservations, why not agree to a supervised visit with the grandparents? This way, you'll be able to make sure that the father doesn't show up, and if he does, you'll be there to witness and document it. This will also give you support to refuse future visits. Also, if the grandparents refuse the supervised visit, this could raise a red flag on their true motives. As others have mentioned, these may include wanting to keep your child or as is your concern, that they provide cover for the child's father to visit subversively.
| 1 | 3,630 | 1.467742 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etk3vuu
|
etjs1y5
| 1,562,888,239 | 1,562,880,191 | 91 | 59 |
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
|
You’re not obligated to do anything without a court order. $50 bucks says that’s exactly what they where planning
| 1 | 8,048 | 1.542373 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjogz1
|
etk3vuu
| 1,562,877,933 | 1,562,888,239 | 43 | 91 |
you absolutely do not have to allow this. INFO: what is the social worker's reasoning for this? you said this is YOUR social worker or does this person represent your child/the child's father?
|
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
| 0 | 10,306 | 2.116279 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjv3r0
|
etk3vuu
| 1,562,882,170 | 1,562,888,239 | 26 | 91 |
I am not a lawyer Is your daughter in your care or in currently in foster care? If she is in your care you are well within your rights to refuse. The social worker is likely trying to preserve family relations on Dad’s side, which is possibly why they would encourage the visit, but they really cannot force the visit. Offering a potential alternative may look good on you but otherwise you really don’t have allow them to see her at all. Source: I had an open CPS case back in California. The social worker wanted me to continue to allow my daughter to see the family member on her dad’s side that literally kidnapped her and tried to sever my parental rights simply because she thought she was a better parent than me. After making sure I didn’t actually have to allow it, I politely told her to pound sand.
|
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
| 0 | 6,069 | 3.5 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etk3vuu
|
etk250p
| 1,562,888,239 | 1,562,886,995 | 91 | 10 |
You don’t even have to let them have all day unsupervised, and frankly, maybe you shouldn’t. If they’re enabling him, he’ll probably be there during the day. They may just want to help build the case that he should be allowed more than supervised visitation. The social worker, for good or ill, probably wants the father to play an active role in the kid’s life too. It’s what they’re supposed to do.
|
If it’s not court ordered you don’t have to. Maybe if you want invite them over if you are comfortable with that.
| 1 | 1,244 | 9.1 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjogz1
|
etjq7t9
| 1,562,877,933 | 1,562,879,012 | 43 | 80 |
you absolutely do not have to allow this. INFO: what is the social worker's reasoning for this? you said this is YOUR social worker or does this person represent your child/the child's father?
|
Is CPS solely involved because of the father or are you being investigated? Your compromise seems reasonable to me. If you were refusing access completely, I’d be concerned about them trying to obtain court-ordered visitation rights, but saying they can have her for 2 full days is generous.
| 0 | 1,079 | 1.860465 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjs1y5
|
etjuoc4
| 1,562,880,191 | 1,562,881,887 | 59 | 72 |
You’re not obligated to do anything without a court order. $50 bucks says that’s exactly what they where planning
|
You are not being unreasonable. You know your ex and his parents far better than the social worker does. And seeing that your daughter is only 2, just a baby still, she can't speak up for herself. All day visitation is just fine and the grandparents should be thrilled to get to see her at all.
| 0 | 1,696 | 1.220339 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjogz1
|
etjuoc4
| 1,562,877,933 | 1,562,881,887 | 43 | 72 |
you absolutely do not have to allow this. INFO: what is the social worker's reasoning for this? you said this is YOUR social worker or does this person represent your child/the child's father?
|
You are not being unreasonable. You know your ex and his parents far better than the social worker does. And seeing that your daughter is only 2, just a baby still, she can't speak up for herself. All day visitation is just fine and the grandparents should be thrilled to get to see her at all.
| 0 | 3,954 | 1.674419 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjypbx
|
etjs1y5
| 1,562,884,609 | 1,562,880,191 | 62 | 59 |
Given your reservations, why not agree to a supervised visit with the grandparents? This way, you'll be able to make sure that the father doesn't show up, and if he does, you'll be there to witness and document it. This will also give you support to refuse future visits. Also, if the grandparents refuse the supervised visit, this could raise a red flag on their true motives. As others have mentioned, these may include wanting to keep your child or as is your concern, that they provide cover for the child's father to visit subversively.
|
You’re not obligated to do anything without a court order. $50 bucks says that’s exactly what they where planning
| 1 | 4,418 | 1.050847 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjogz1
|
etjypbx
| 1,562,877,933 | 1,562,884,609 | 43 | 62 |
you absolutely do not have to allow this. INFO: what is the social worker's reasoning for this? you said this is YOUR social worker or does this person represent your child/the child's father?
|
Given your reservations, why not agree to a supervised visit with the grandparents? This way, you'll be able to make sure that the father doesn't show up, and if he does, you'll be there to witness and document it. This will also give you support to refuse future visits. Also, if the grandparents refuse the supervised visit, this could raise a red flag on their true motives. As others have mentioned, these may include wanting to keep your child or as is your concern, that they provide cover for the child's father to visit subversively.
| 0 | 6,676 | 1.44186 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjv3r0
|
etjypbx
| 1,562,882,170 | 1,562,884,609 | 26 | 62 |
I am not a lawyer Is your daughter in your care or in currently in foster care? If she is in your care you are well within your rights to refuse. The social worker is likely trying to preserve family relations on Dad’s side, which is possibly why they would encourage the visit, but they really cannot force the visit. Offering a potential alternative may look good on you but otherwise you really don’t have allow them to see her at all. Source: I had an open CPS case back in California. The social worker wanted me to continue to allow my daughter to see the family member on her dad’s side that literally kidnapped her and tried to sever my parental rights simply because she thought she was a better parent than me. After making sure I didn’t actually have to allow it, I politely told her to pound sand.
|
Given your reservations, why not agree to a supervised visit with the grandparents? This way, you'll be able to make sure that the father doesn't show up, and if he does, you'll be there to witness and document it. This will also give you support to refuse future visits. Also, if the grandparents refuse the supervised visit, this could raise a red flag on their true motives. As others have mentioned, these may include wanting to keep your child or as is your concern, that they provide cover for the child's father to visit subversively.
| 0 | 2,439 | 2.384615 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etjogz1
|
etjs1y5
| 1,562,877,933 | 1,562,880,191 | 43 | 59 |
you absolutely do not have to allow this. INFO: what is the social worker's reasoning for this? you said this is YOUR social worker or does this person represent your child/the child's father?
|
You’re not obligated to do anything without a court order. $50 bucks says that’s exactly what they where planning
| 0 | 2,258 | 1.372093 |
cc0vx2
|
legaladvice_train
| 0.97 |
My daughters grandparents want an overnight with my daughter. Their son (my babies father) was caught using drugs with our daughter in the car and I have a 5 year restraining order for domestic violence. He only has monitored visitation at this point. I’m in California. We have a case open with CPS. My social worker is trying to get me allow my daughters grandparents to have an overnight while they’re in town. My social worker believes they’ll follow the rule that her dad can’t stay over night. I’m afraid his parents will allow him to stay. His parents have enabled him his whole life. I believe they’re part of the problem. I’ve tried having an open conversation with the grandparents about everything that has happened and they’ve refused to talk to me about any of it. I don’t trust these people. Am I obligated to let them have an over night? I let them know they can have all day Saturday and Sunday just no over night. Am I being unreasonable?
|
etk878j
|
etk250p
| 1,562,891,423 | 1,562,886,995 | 15 | 10 |
Just say no. Have they ever shown they have HER best interests at heart instead of HIS? no? then they can visit while you supervise. Otherwise they can leave. ​ at all costs protect your child. that is the bottom line. Any doubts in your mind means NOPE. do not fold to the social workers's coercion if it doesn't feel right, never mind they shouldn't be doing that to you in the first place
|
If it’s not court ordered you don’t have to. Maybe if you want invite them over if you are comfortable with that.
| 1 | 4,428 | 1.5 |
33cmta
|
legaladvice_train
| 0.7 |
Birth father trying to take my son!! Hasn't been around since before he was born. Help! I had my son five years ago and his birth father wanted nothing to do with him. He told me to "take care of it on my own"... he terminated his rights and agreed to an adoption (my parents adopted him so that he could not just pop in one day and want to be a part of his life). He was more than ok with this. I have heard from the birth father only a handful of times over the years - asking to see what my son looks like. Just in the past month he has emailed me saying that someone has been showing him pictures and that now he wants to be his father. I am not ok with this. My son is extremely happy and blessed. He has a father figure and knows that the man that I marry will be his dad. I will not allow his "creator" to pop in like this. So my question is... does he have any way to get to my son from a legal stand point? He claims he has talked to some attorneys... I think it's all talk. Does he have a way to "get him back". Oh and just a side note... he still to this day has not told his mom or dad about my son. He is not responsible in any way.
|
cqjkxdj
|
cqjkze3
| 1,429,622,343 | 1,429,622,467 | 18 | 95 |
>(my parents adopted him so that he could not just pop in one day and want to be a part of his life) By what legal process was this accomplished? Do you have parental rights and custody? >He has a father figure and knows that the man that I marry will be his dad. Do you plan on your husband to be adopting your son, too? >So my question is... does he have any way to get to my son from a legal stand point? If he terminated his rights in an adoption proceeding, no, he has no rights as a parent anymore. However, I have only heard of stepparents adopting like this, not grandparents, unless both biological parents terminated their parental rights.
|
If the child has been adopted, then neither you nor the biofather have rights to see or talk to the child. If the adoption was done legally and the father and you signed off then there is no going back. He can bluster all he wants. If he files anything, the child's legal parents should hire an attorney.
| 0 | 124 | 5.277778 |
33cmta
|
legaladvice_train
| 0.7 |
Birth father trying to take my son!! Hasn't been around since before he was born. Help! I had my son five years ago and his birth father wanted nothing to do with him. He told me to "take care of it on my own"... he terminated his rights and agreed to an adoption (my parents adopted him so that he could not just pop in one day and want to be a part of his life). He was more than ok with this. I have heard from the birth father only a handful of times over the years - asking to see what my son looks like. Just in the past month he has emailed me saying that someone has been showing him pictures and that now he wants to be his father. I am not ok with this. My son is extremely happy and blessed. He has a father figure and knows that the man that I marry will be his dad. I will not allow his "creator" to pop in like this. So my question is... does he have any way to get to my son from a legal stand point? He claims he has talked to some attorneys... I think it's all talk. Does he have a way to "get him back". Oh and just a side note... he still to this day has not told his mom or dad about my son. He is not responsible in any way.
|
cqjkxdj
|
cqjmrcs
| 1,429,622,343 | 1,429,626,017 | 18 | 44 |
>(my parents adopted him so that he could not just pop in one day and want to be a part of his life) By what legal process was this accomplished? Do you have parental rights and custody? >He has a father figure and knows that the man that I marry will be his dad. Do you plan on your husband to be adopting your son, too? >So my question is... does he have any way to get to my son from a legal stand point? If he terminated his rights in an adoption proceeding, no, he has no rights as a parent anymore. However, I have only heard of stepparents adopting like this, not grandparents, unless both biological parents terminated their parental rights.
|
So, just to clarify (based on your post and comments, correct me if anything is wrong): You had a child with this birth father. You gave birth to your son, then both you and the birth father agreed to give up your child for adoption to your parents. Adoption went through, your parents are now legal guardians of your child, but you still act as a mother towards him. When you get married to your current partner, you plan on getting your parents to give up your child to you via another adoption. Correct?
| 0 | 3,674 | 2.444444 |
33cmta
|
legaladvice_train
| 0.7 |
Birth father trying to take my son!! Hasn't been around since before he was born. Help! I had my son five years ago and his birth father wanted nothing to do with him. He told me to "take care of it on my own"... he terminated his rights and agreed to an adoption (my parents adopted him so that he could not just pop in one day and want to be a part of his life). He was more than ok with this. I have heard from the birth father only a handful of times over the years - asking to see what my son looks like. Just in the past month he has emailed me saying that someone has been showing him pictures and that now he wants to be his father. I am not ok with this. My son is extremely happy and blessed. He has a father figure and knows that the man that I marry will be his dad. I will not allow his "creator" to pop in like this. So my question is... does he have any way to get to my son from a legal stand point? He claims he has talked to some attorneys... I think it's all talk. Does he have a way to "get him back". Oh and just a side note... he still to this day has not told his mom or dad about my son. He is not responsible in any way.
|
cqjkxdj
|
cqjq08h
| 1,429,622,343 | 1,429,631,321 | 18 | 20 |
>(my parents adopted him so that he could not just pop in one day and want to be a part of his life) By what legal process was this accomplished? Do you have parental rights and custody? >He has a father figure and knows that the man that I marry will be his dad. Do you plan on your husband to be adopting your son, too? >So my question is... does he have any way to get to my son from a legal stand point? If he terminated his rights in an adoption proceeding, no, he has no rights as a parent anymore. However, I have only heard of stepparents adopting like this, not grandparents, unless both biological parents terminated their parental rights.
|
The bio father and mother have no legal rights to the child anymore if the adoption was done correctly. That being said, it's the responsibility of the child's parents, not his sister, to say who can/will see the child.
| 0 | 8,978 | 1.111111 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih64rxz
|
ih69mqj
| 1,658,483,996 | 1,658,487,519 | 89 | 171 |
I'm not seeing how this is a class action. He's not a class, this is an individual. And it doesn't sound like your other employees have joined him. If the letter from the lawyer says class action, it seems to me it's of dubious origin. Where did you come up with the $250k to fight it scenario? Have you spoken to a lawyer? Edit - i found where you saw the $250, it was from his alleged lawyer! Never take legal advice from the person suing you. They do not have your best interest at heart. And it's highly unethical for them to give you any advice that could be perceived as legal advice. You need to speak to your own council. Call a reputable lawyer and arrange for a meeting with them. Have you actually been served with a lawsuit, or just given this letter? It seems like it's just this letter. It seems to me they're trying to scare you into a settlement. Your story sounds like you've done a lot of the right things. The piece that seems like a mistake on your part is that you let him continue to work on-site for the owner while employed by you for the same work. Assume he'll be able to provide evidence he was working those hours, you will need a statement or similar from the owner stating ex employee was working for him not you, and it seems the owner is going to take ex-employees side over yours in most matters. Not a lawyer - just a fellow employer who has had to deal with this stuff too.
|
So, the only evidence you have of this lawsuit is a mailer from a 'lawyer' who, when contacted, paints a dismal picture for you and attempts to persuade you to pay out a large sum? This seems incredibly suspicious to me. Have you verified that this law firm actually exists? You can look them up on the website of the California State Bar. If they are listed with the state bar, try calling them using their publically listed phone number rather than the one on the letter you received. What they said to you on the phone makes no sense (as other commenters have said, you can't have a class action lawsuit when there's only one person involved). If I were you, I'd be highly suspicious that this is a scam.
| 0 | 3,523 | 1.921348 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih69mqj
|
ih6560c
| 1,658,487,519 | 1,658,484,292 | 171 | 25 |
So, the only evidence you have of this lawsuit is a mailer from a 'lawyer' who, when contacted, paints a dismal picture for you and attempts to persuade you to pay out a large sum? This seems incredibly suspicious to me. Have you verified that this law firm actually exists? You can look them up on the website of the California State Bar. If they are listed with the state bar, try calling them using their publically listed phone number rather than the one on the letter you received. What they said to you on the phone makes no sense (as other commenters have said, you can't have a class action lawsuit when there's only one person involved). If I were you, I'd be highly suspicious that this is a scam.
|
Not a lawyer, but first of all, don't take legal advice from your opponent. Then, assuming this is civil court, you need to hire your own attorney to look this over. The odds that this is actually a class action lawsuit are very low, as a class action lawsuit means you have discriminated against a protected class with multiple people. The lawyer you called most likely wants to scare you into settlement.
| 1 | 3,227 | 6.84 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6560c
|
ih6b8gr
| 1,658,484,292 | 1,658,488,569 | 25 | 78 |
Not a lawyer, but first of all, don't take legal advice from your opponent. Then, assuming this is civil court, you need to hire your own attorney to look this over. The odds that this is actually a class action lawsuit are very low, as a class action lawsuit means you have discriminated against a protected class with multiple people. The lawyer you called most likely wants to scare you into settlement.
|
Assuming the firm that sent you the mailer is real, and not a contrived method of frightening you into a settlement, it’s absurd to value this as $250K worth of legal fees. You haven’t even seen his complaint. His supposed class hasn’t even been certified. No reputable firm could offer up that estimate based on such a paucity of information. Reach out to the California State Bar. They have an online tool that allows you to narrow your search (business / employment / disputes type pick screens). Also check with your insurance— that’s why you pay business insurance. Maybe you’ll find you’re covered, maybe not… but perhaps they can steer you towards representation even if they won’t foot the bill, and perhaps they will provide the lawyer because you’re covered. This isn’t my state or my area of law, but you’ve described an extremely weak basis for a lawsuit and a ludicrous assessment of what mounting a defense might cost. At the very least, before you contemplate bankruptcy, contemplate spending a couple thousand for a lawyer to review an actual, filed complaint and give you a measured, sober estimate of where you stand. And lawyer needs to be someone you contact, not someone who sends you mailers and has cookie-cutter cost estimates.
| 0 | 4,277 | 3.12 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6pb8h
|
ih6sutr
| 1,658,496,059 | 1,658,497,613 | 11 | 16 |
This letter from the law firm sounds very sketchy. I would seek out a referral for a different attorney (from the local bar association or a business owner you might know). They can better inform you of the actual status of this potential suit.
|
As a small business owner in California I understand what your going through. Fear, panic, Reddit. Listen…. Take a step back, call your insurance if you have it and ask them if you have coverage for this. If not, call a lawyer who specializes in labor law and have them respond to the letter, 1k retainer is better than your mental anguish. Lawyers will pick up bullshit lawsuits to try to scare people like us into paying. You are WAY ahead of yourself at the moment. Last piece of friendly advice, thicken that hide buddy, in the world of small business shit hits the fan all the time you cannot let it mentally and emotionally derail you. If you don’t have insurance against this kind of thing it is a good investment.
| 0 | 1,554 | 1.454545 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6iuks
|
ih6sutr
| 1,658,492,945 | 1,658,497,613 | 2 | 16 |
Have you actually been served a complaint? Because this doesn't add up all the way.
|
As a small business owner in California I understand what your going through. Fear, panic, Reddit. Listen…. Take a step back, call your insurance if you have it and ask them if you have coverage for this. If not, call a lawyer who specializes in labor law and have them respond to the letter, 1k retainer is better than your mental anguish. Lawyers will pick up bullshit lawsuits to try to scare people like us into paying. You are WAY ahead of yourself at the moment. Last piece of friendly advice, thicken that hide buddy, in the world of small business shit hits the fan all the time you cannot let it mentally and emotionally derail you. If you don’t have insurance against this kind of thing it is a good investment.
| 0 | 4,668 | 8 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6iuks
|
ih6pb8h
| 1,658,492,945 | 1,658,496,059 | 2 | 11 |
Have you actually been served a complaint? Because this doesn't add up all the way.
|
This letter from the law firm sounds very sketchy. I would seek out a referral for a different attorney (from the local bar association or a business owner you might know). They can better inform you of the actual status of this potential suit.
| 0 | 3,114 | 5.5 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6tr9u
|
ih70evf
| 1,658,497,992 | 1,658,500,731 | 3 | 8 |
If it’s me I assume it’s all BS until I receive an actual suit, properly served. Then I hand that info over to my business insurance, and I don’t rest until they provide me with counsel and agree to cover the potential costs of litigation/settlement. If this case is real, there will likely be a few ways your insurance company can view this, and they will likely find a way of denying coverage based on one of their interpretations. It will then become your job to hire an attorney and claim that you are covered. I have been astonished at what insurance companies will cover when you have good counsel stomping up and down on them. If the insurance company is found to have abandoned you when they should have covered your claim, they end up paying out huge sums of money. That is why they tend to cover you when you twist their arms, even if it is questionable that your policy should cover you.
|
I am NOT a lawyer. But I do know two things. 1. Working "under the table" is Illegal. Paying and employee under the table is also illegal. If the site owner paid him under the table then he should be held accountable. 2. Hiding your money from child support court is doubly illegal. He is committing a bunch of crimes. I would hire a lawyer and present him with these facts. You have WITNESSES who can be brought into court to testify on your behalf that these things did happen. I'd assume that there is video surveillance as well that can prove when he took his breaks. If the site owner refuses to cooperate in the trial, subpoena. (AGAIN totally NOT legal advice)
| 0 | 2,739 | 2.666667 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6iuks
|
ih70evf
| 1,658,492,945 | 1,658,500,731 | 2 | 8 |
Have you actually been served a complaint? Because this doesn't add up all the way.
|
I am NOT a lawyer. But I do know two things. 1. Working "under the table" is Illegal. Paying and employee under the table is also illegal. If the site owner paid him under the table then he should be held accountable. 2. Hiding your money from child support court is doubly illegal. He is committing a bunch of crimes. I would hire a lawyer and present him with these facts. You have WITNESSES who can be brought into court to testify on your behalf that these things did happen. I'd assume that there is video surveillance as well that can prove when he took his breaks. If the site owner refuses to cooperate in the trial, subpoena. (AGAIN totally NOT legal advice)
| 0 | 7,786 | 4 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6tr9u
|
ih736n4
| 1,658,497,992 | 1,658,501,829 | 3 | 5 |
If it’s me I assume it’s all BS until I receive an actual suit, properly served. Then I hand that info over to my business insurance, and I don’t rest until they provide me with counsel and agree to cover the potential costs of litigation/settlement. If this case is real, there will likely be a few ways your insurance company can view this, and they will likely find a way of denying coverage based on one of their interpretations. It will then become your job to hire an attorney and claim that you are covered. I have been astonished at what insurance companies will cover when you have good counsel stomping up and down on them. If the insurance company is found to have abandoned you when they should have covered your claim, they end up paying out huge sums of money. That is why they tend to cover you when you twist their arms, even if it is questionable that your policy should cover you.
|
OP, I do bankruptcy and I see letters offering to represent my clients get sent out all the time. There are law firms that buy lists of recent court actions. Those law firms then send out advertisements that sometimes reach the defendant before the lawsuit is served, which sounds like the case here. So I don't think this is necessarily a scam. That said, you're not served yet. One important consideration is whether you've run your business as an LLC or some other entity besides sole prop that will give you some personal liability protection. He can't easily "pierce the veil" and make you liable if you've formed your business with the right protections.
| 0 | 3,837 | 1.666667 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih736n4
|
ih6iuks
| 1,658,501,829 | 1,658,492,945 | 5 | 2 |
OP, I do bankruptcy and I see letters offering to represent my clients get sent out all the time. There are law firms that buy lists of recent court actions. Those law firms then send out advertisements that sometimes reach the defendant before the lawsuit is served, which sounds like the case here. So I don't think this is necessarily a scam. That said, you're not served yet. One important consideration is whether you've run your business as an LLC or some other entity besides sole prop that will give you some personal liability protection. He can't easily "pierce the veil" and make you liable if you've formed your business with the right protections.
|
Have you actually been served a complaint? Because this doesn't add up all the way.
| 1 | 8,884 | 2.5 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih6iuks
|
ih6tr9u
| 1,658,492,945 | 1,658,497,992 | 2 | 3 |
Have you actually been served a complaint? Because this doesn't add up all the way.
|
If it’s me I assume it’s all BS until I receive an actual suit, properly served. Then I hand that info over to my business insurance, and I don’t rest until they provide me with counsel and agree to cover the potential costs of litigation/settlement. If this case is real, there will likely be a few ways your insurance company can view this, and they will likely find a way of denying coverage based on one of their interpretations. It will then become your job to hire an attorney and claim that you are covered. I have been astonished at what insurance companies will cover when you have good counsel stomping up and down on them. If the insurance company is found to have abandoned you when they should have covered your claim, they end up paying out huge sums of money. That is why they tend to cover you when you twist their arms, even if it is questionable that your policy should cover you.
| 0 | 5,047 | 1.5 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih7tmlp
|
ih6iuks
| 1,658,512,006 | 1,658,492,945 | 3 | 2 |
Not a lawyer if you are served with a lawsuit need to respond and avoid a default judgment....
|
Have you actually been served a complaint? Because this doesn't add up all the way.
| 1 | 19,061 | 1.5 |
w55zjg
|
legaladvice_train
| 0.87 |
I’m a small business owner, a former employee is suing me in a class action lawsuit based on completely false claims and his own misconduct. Lawyers say all options look bad for me because of location. What can I do? (California). A disgruntled former employee is attempting to sue me in a class action labor lawsuit for unpaid overtime and unpaid meal breaks, but I have tons of proof that his overtime was paid as well as his paid meal breaks. Some context, I own a small security firm in California. In early 2020, right before COVID hit, I acquired my first contract. After speaking with the owner of the facility, his only condition for bringing me on as a security provider was that I retain a security guard by the name of J. that currently worked there for another company, and asked that I bring him onboard with me once we took over as the new provider. I agreed to do so and began hiring a team of people to staff the site. Once the site was fully staffed, J. approached me and essentially demanded that he keep the same schedule he had with the previous company, which was a 13-hour a day, 5 days a week schedule paid entirely in cash and off the books because he owed child support payments and did not want to report any income. I informed him that we couldn’t do this because I would have to bill a lot of overtime to the site owner, which he wouldn’t agree to pay, and that I was not comfortable paying him under the table. He became extremely upset and went to the site owner who ended up hiring him directly (illegal for armed security, must be provided by a third party contractor) and paid him in cash while I staffed and scheduled everyone else on the team. This lasted about 6 months until the site owner could no longer deal with his constant call-offs and petty complaints and asked me to hire him. I did so under the condition that he was not scheduled for more than 8 hours a day with me and that I would cover any incidental overtime, but that I would not pay him or schedule him for any additional hours unless I could bill for the overtime and have it all on the books. He agreed, I hired him, and everything was done above board on my end from that point on, although I do know that he had a side deal going on with the owner where he worked additional hours every day and was paid in cash by the owner, and I have multiple employees who can attest to this fact. Fast forward a year later, about a year and a half after we started the contract, and this guy continues to be a nightmare. He refuses to attend any meetings, he refuses to wear our uniform, he refuses to clock in and utilize our time keeping app, he refuses to sign waivers agreeing to paid onsite meal breaks (the standard in the security industry) and is just a general nightmare with all of his fellow guards and even certain female members of the client site staff. This entire time he held the contract over our head saying that if we didn’t give in to his demands, he’d talk to the owner and have us replaced. He also threatened us with legal action if we fired him and said he wasn’t gonna go easy, saying the same things to our site supervisor and other guards. We eventually ended up firing him for his behavior, and almost immediately got the boot from the owner. 2 days later he filed a workers comp lawsuit after never having reported an injury to a supervisor or myself, and after calling the site supervisor and asking him to make false claims about having been injured which our site supervisor refused to do and informed us about. This claim ended up being denied by workers comp but I do know he was given a settlement. This was a year ago in August of 2021. A few days ago I received a mailer from a local law firm regarding pending litigation against me, specifically a class action lawsuit for unpaid overtime and meal/rest breaks. I called them and spoke with an attorney who said that essentially my only options were to: 1. Settle for an enormous 6 figure amount that I don’t have. 2. Pay $250,000+ to fight it out in court with no guarantee that I’ll win, especially due to the fact that I’m in California where a majority of cases go in favor of the employee. 3. File for bankruptcy at the age of 25 completely ruining my spotless financial history. I’m just at a loss here and don’t understand what to do or how to deal with this. I only have 4 employees at the moment and have only had around 10 or 11 total since I started the company, all of whom I am on good terms with and who would not agree to be a part of any class action lawsuit and who would all attest to this mans behavior and misconduct. I make about $30k a year from my company and don’t have $100,000+ laying around for a settlement or a quarter million to pay for a trial that will probably not even go in my favor. I also don’t want to declare bankruptcy at this age for something I had no part in. I’m a veteran, have never been sued or in any legal trouble, and this guy is just making my life a nightmare because he wants all the money he can get out of this. At most I have $4-5k to settle but anything else would be out of the question for me. Any help would be greatly appreciated, thank you.
|
ih8awsp
|
ih6iuks
| 1,658,518,775 | 1,658,492,945 | 3 | 2 |
> I called them and spoke with an attorney Terrible plan. People can lie and write their own phone number under a firm's letterhead. If you got the number from the mailer, it's quite possible you called J's buddy and they fed you a line of bullshit. So here's what you should do. Google the firm, and if they are legitimate, see if the number matches the one you called. If it doesn't, call the number online, and ask them about the case. Don't ask for details. Just say you got this mailer and you want to verify that they are representing J in this lawsuit. (And if there is a website or something, do a little more googling. Try to ensure that they're legitimate.) I'm betting that if this is a real firm, they've never heard of J (and will probably want a copy of the mailer so they can pursue legal action against him). There are a myriad of reasons, but one of the first things that comes to mind is that courts will very rarely certify a class if the class is less than 20 people. If, by some improbable chance, this is a real firm and they do indeed have J as a client, *don't take their advice on anything ever*. Your opponent in a lawsuit has every reason to lie to you and make you think your only option is a settlement, so they don't have to go through the work and costs of bringing a case to court, and still get the money. Go consult an employment attorney and tell them about your case. If you don't know where to start, you can contact your state bar association and ask for a referral. If it's not a legitimate law firm, as I highly suspect it isn't, and he didn't even bother to copy someone's actual letterhead and is just making one up, you should also call your state bar association, explain that, and ask what the procedure is for reporting someone for impersonating a lawyer.
|
Have you actually been served a complaint? Because this doesn't add up all the way.
| 1 | 25,830 | 1.5 |
sv9fns
|
legaladvice_train
| 0.82 |
My ex boss is suing me for $15k…twice My ex boss is doing all she can to ruin my life. She is suing me in Minnesota conciliation court for $15k(the max and as herself not business) we have court next month. She’s claiming I stole Documents from her mental health facility…I didn’t. Posted negative reviews, deleted her emails, She’s retaliating because I demanded my wages upon her terminating me while i was quarantined. This woman is nuts. Well I just received a letter from an attorney representing her business KFL and he’s saying theirs a potential claim for fraud so required to keep any and all documents pending litigation. 🙄 I feel I have a strong counterclaim for civil court next month. The lawyer also mentioned I lied on an application, and am a criminal (not true. She did a background and had my private info sent to her so i never received it per mn law and I was cleared anyways) this is all retaliation after I called dept of labor. She’s filed claims I can prove are lies. But how do I decide the damages for what she’s done? I also found out today that since I’m a defendant in a “fraud” case it prevents me from being able to become a notary-which my new and current job requested I do….I hate this woman and she won’t leave me alone
|
hxezuwo
|
hxf3kz0
| 1,645,165,821 | 1,645,168,443 | 11 | 13 |
Do you have an attorney for yourself?
|
It really sounds like you should talk to an attorney. $15k is a good amount of money, and it sounds like you could use some of the process (at least) explained to you. For example, damages in conciliation / small claims are normally fairly easy to compute. You broke my window, it cost $400 to repair, pay me $400 type thing. If you want to sue for slander, for example, you can't even do that in said court (see https://www.revisor.mn.gov/statutes/cite/491A.01).
| 0 | 2,622 | 1.181818 |
fczk4m
|
legaladvice_train
| 1 |
My ex keyed my roommate’s car Hello! My roommate woke up and got ready for work when he noticed his car was keyed this past Sunday. After doing some investigating, we got footage from the sorority house across the street that shows that it was my ex and her roommate. Unfortunately, the footage isn’t clear enough to make out the license plate of the car that they drove to our house in. However, the make of the car matches the my ex’s roommate and the person that keyed the car is very obviously my ex. He has been talking to the local police department and talked briefly to a lawyer on the phone. The damage is probably somewhere between 1k and 2k as it’s deep AND it’s on all of the panels of the driver side (driver door back door and behind back door). The lawyer said small claims might be the best thing to do but we are just trying to see all of our options. This is in Oregon.
|
fjdzpy6
|
fjdzn0w
| 1,583,262,383 | 1,583,262,337 | 64 | 2 |
Going through his insurance will be the easiest way to do this. Without a criminal conviction, it will be hard to get a judgement in small claims court.
|
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Author: /u/MtnDreww
Title: **My ex keyed my roommate’s car**
Original Post:
> Hello! > > My roommate woke up and got ready for work when he noticed his car was keyed this past Sunday. After doing some investigating, we got footage from the sorority house across the street that shows that it was my ex and her roommate. Unfortunately, the footage isn’t clear enough to make out the license plate of the car that they drove to our house in. However, the make of the car matches the my ex’s roommate and the person that keyed the car is very obviously my ex. He has been talking to the local police department and talked briefly to a lawyer on the phone. The damage is probably somewhere between 1k and 2k as it’s deep AND it’s on all of the panels of the driver side (driver door back door and behind back door). The lawyer said small claims might be the best thing to do but we are just trying to see all of our options.
---
LocationBot 4.992 13/71ths | Report Issues
| 1 | 46 | 32 |
fczk4m
|
legaladvice_train
| 1 |
My ex keyed my roommate’s car Hello! My roommate woke up and got ready for work when he noticed his car was keyed this past Sunday. After doing some investigating, we got footage from the sorority house across the street that shows that it was my ex and her roommate. Unfortunately, the footage isn’t clear enough to make out the license plate of the car that they drove to our house in. However, the make of the car matches the my ex’s roommate and the person that keyed the car is very obviously my ex. He has been talking to the local police department and talked briefly to a lawyer on the phone. The damage is probably somewhere between 1k and 2k as it’s deep AND it’s on all of the panels of the driver side (driver door back door and behind back door). The lawyer said small claims might be the best thing to do but we are just trying to see all of our options. This is in Oregon.
|
fjesu4d
|
fjdzn0w
| 1,583,277,593 | 1,583,262,337 | 19 | 2 |
if the insurance won’t cover, you should try small claims court. it’s designed for disputes like this. getting that video footage from the sorority would be a pretty big deal as far as your case will go. additionally, a final report from the police office would be very useful.
|
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**It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.**
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---
Author: /u/MtnDreww
Title: **My ex keyed my roommate’s car**
Original Post:
> Hello! > > My roommate woke up and got ready for work when he noticed his car was keyed this past Sunday. After doing some investigating, we got footage from the sorority house across the street that shows that it was my ex and her roommate. Unfortunately, the footage isn’t clear enough to make out the license plate of the car that they drove to our house in. However, the make of the car matches the my ex’s roommate and the person that keyed the car is very obviously my ex. He has been talking to the local police department and talked briefly to a lawyer on the phone. The damage is probably somewhere between 1k and 2k as it’s deep AND it’s on all of the panels of the driver side (driver door back door and behind back door). The lawyer said small claims might be the best thing to do but we are just trying to see all of our options.
---
LocationBot 4.992 13/71ths | Report Issues
| 1 | 15,256 | 9.5 |
wies99
|
legaladvice_train
| 0.94 |
My sister keyed my new car and I want to press charges. I recently bought a car from a friend, and after an intense argument with 2 of my sisters who I live with, my older sister keyed my car. I didn’t witness her in the act, but I had a pretty good feeling it was her. I checked with our neighbors that live across our alleyway and they have cameras in their backyard pointing at the alleyway where my car was. Their cameras don’t capture video, but the cameras captured images of her standing next to the only side of my car that got keyed and it was around the time of the screeming match I was having with my younger sister. The images were taken from pretty far away so you can’t make out a face, but she was holding my niece at the time of the keying and there isn’t anyone else around us that have a toddler and I’d like to think I have no other enemies. I want to handle this civilly, but I already know she won’t pay me back for it and I’m thinking about pressing charges. Is there anything I should do to prepare for pressing charges and I’m not exactly rich or anything, so does it seem like a good idea? I just want her to stop tormenting me while I live here and this was the final straw.
|
ijcu56d
|
ijc87wh
| 1,659,904,991 | 1,659,895,992 | 5 | 4 |
Take her to small claims court to pay for the damage.
|
Not a lawyer, but just so you're aware, in VA, intentionally damaging or vandalizing property, causing $1000 ot more in damages, carries a felony charge with up to 5 years in prison, and a fine of up to $2500, plus the possibility of court ordered restitution. You may want to consider if that's the route you'd like to take, but nobody can make that decision for you. Just wanting to inform you of the possibilities.
| 1 | 8,999 | 1.25 |
wies99
|
legaladvice_train
| 0.94 |
My sister keyed my new car and I want to press charges. I recently bought a car from a friend, and after an intense argument with 2 of my sisters who I live with, my older sister keyed my car. I didn’t witness her in the act, but I had a pretty good feeling it was her. I checked with our neighbors that live across our alleyway and they have cameras in their backyard pointing at the alleyway where my car was. Their cameras don’t capture video, but the cameras captured images of her standing next to the only side of my car that got keyed and it was around the time of the screeming match I was having with my younger sister. The images were taken from pretty far away so you can’t make out a face, but she was holding my niece at the time of the keying and there isn’t anyone else around us that have a toddler and I’d like to think I have no other enemies. I want to handle this civilly, but I already know she won’t pay me back for it and I’m thinking about pressing charges. Is there anything I should do to prepare for pressing charges and I’m not exactly rich or anything, so does it seem like a good idea? I just want her to stop tormenting me while I live here and this was the final straw.
|
ijcle1k
|
ijcu56d
| 1,659,901,385 | 1,659,904,991 | 2 | 5 |
You can't press charges. Only the DA can do that. You should file a police report. You can't "handle it civilly" and have charges pressed (charges are criminal). Unless you are using civil in the sense of "polite."
|
Take her to small claims court to pay for the damage.
| 0 | 3,606 | 2.5 |
wies99
|
legaladvice_train
| 0.94 |
My sister keyed my new car and I want to press charges. I recently bought a car from a friend, and after an intense argument with 2 of my sisters who I live with, my older sister keyed my car. I didn’t witness her in the act, but I had a pretty good feeling it was her. I checked with our neighbors that live across our alleyway and they have cameras in their backyard pointing at the alleyway where my car was. Their cameras don’t capture video, but the cameras captured images of her standing next to the only side of my car that got keyed and it was around the time of the screeming match I was having with my younger sister. The images were taken from pretty far away so you can’t make out a face, but she was holding my niece at the time of the keying and there isn’t anyone else around us that have a toddler and I’d like to think I have no other enemies. I want to handle this civilly, but I already know she won’t pay me back for it and I’m thinking about pressing charges. Is there anything I should do to prepare for pressing charges and I’m not exactly rich or anything, so does it seem like a good idea? I just want her to stop tormenting me while I live here and this was the final straw.
|
ijcaooh
|
ijcu56d
| 1,659,897,000 | 1,659,904,991 | 2 | 5 |
Not a lawyer but sounds like none of your proof is irrefutable. You can file a police report and use that to support why you believe it was her. The police will then investigate BUT unless she admits to it, remember that criminal court is “beyond a reasonable doubt” so unlikely they would bother charging her criminally. Now civil court-for damages is “most likely” so you may get monetary restitution.
|
Take her to small claims court to pay for the damage.
| 0 | 7,991 | 2.5 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsjoe6u
|
hsjp9hp
| 1,642,111,933 | 1,642,112,266 | 47 | 318 |
Employer is not responsible unless was done in the course of work. You should file a police report, and you can file a small claims case.
|
>In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him Unless you happen to live in Montana, you are in an at will employment state. Unless there is some sort of contract (typically through collective bargaining), the employer absolutely could terminate the employee in question based on the accusation. Perhaps they don't think it's right to do so, based on a lack of evidence, but they do have the authority to do so if they please. For this sort of thing, you may want to call the police, at least to document the matter. You may also want to call your insurance company, although you will need to decide if the cost of your deductible is worth getting this fixed. If you believe this may be an ongoing problem, there are multiple vehicle camera systems which are motion activated you may choose to purchase.
| 0 | 333 | 6.765957 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskc23j
|
hskrjvk
| 1,642,121,423 | 1,642,128,105 | 82 | 192 |
Not a lawyer- file a police report and decide if an insurance claim is worth the deductible and possible increase in premiums. Regardless of how you proceed with insurance, I would consider waiting before your repair the damage, especially if your GF still works there and may need to use the truck. What that guy is doing is most likely considered sexual harassment because she won't be with him and he is retaliating by damaging the vehicle she drives. But if the company isn't firing him, than I wouldn't be surprised if he tries again next time he sees her vehicle because he got away with it. Maybe get a motion detecting camera system to catch any shady behavior.
|
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
| 0 | 6,682 | 2.341463 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskrjvk
|
hskaxzp
| 1,642,128,105 | 1,642,120,952 | 192 | 69 |
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
|
File a police report, and a claim with your insurance. Your insurance will go after them for damage costs.
| 1 | 7,153 | 2.782609 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsjoe6u
|
hskrjvk
| 1,642,111,933 | 1,642,128,105 | 47 | 192 |
Employer is not responsible unless was done in the course of work. You should file a police report, and you can file a small claims case.
|
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
| 0 | 16,172 | 4.085106 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskrjvk
|
hsjv5o5
| 1,642,128,105 | 1,642,114,533 | 192 | 23 |
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
|
Depends on what state you live in, but look to see if you live in a state that has single consent to audio record. If you live in a single consent state then have her record any and all interactions with the guy. As long as she is part of the conversation she is the only one that needs to know that the conversation is recorded.
| 1 | 13,572 | 8.347826 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskh5f8
|
hskrjvk
| 1,642,123,612 | 1,642,128,105 | 11 | 192 |
Yes you should report it. For no other reason than to discourage him from doing this kind of stuff again. If got away with it once he’ll do something else again. Like others have said this will create the paper trail on him and likely sounds like he may already have a record. This won’t help him but may not help you in the immediate timeframe. Also like others have stated that a company should take harassment seriously. If they don’t then its also a sign of how they will treat their employees in the future and maybe consider looking for another job.
|
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
| 0 | 4,493 | 17.454545 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskrjvk
|
hskb0er
| 1,642,128,105 | 1,642,120,981 | 192 | 6 |
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
|
File a police report and have them pay for the damages
| 1 | 7,124 | 32 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskrjvk
|
hskhdc2
| 1,642,128,105 | 1,642,123,706 | 192 | 5 |
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
|
Could you claim it through your car insurance? Maybe send the guy the repair bill, your insurer might be able to help out with that?
| 1 | 4,399 | 38.4 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskrjvk
|
hsknvwb
| 1,642,128,105 | 1,642,126,511 | 192 | 3 |
Your girlfriend may need a restraining order from this guy. He sounds unstable. She needs to be careful.
|
The police likely won't be much help because they're just going to ask her job for footage and likely come up empty handed but I'd still do a report. You could file an insurance claim but his auto insurance likely won't pay. I'm a claims adjuster and contracts typically have an exclusion for intentional or illegal acts.
| 1 | 1,594 | 64 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskaxzp
|
hskc23j
| 1,642,120,952 | 1,642,121,423 | 69 | 82 |
File a police report, and a claim with your insurance. Your insurance will go after them for damage costs.
|
Not a lawyer- file a police report and decide if an insurance claim is worth the deductible and possible increase in premiums. Regardless of how you proceed with insurance, I would consider waiting before your repair the damage, especially if your GF still works there and may need to use the truck. What that guy is doing is most likely considered sexual harassment because she won't be with him and he is retaliating by damaging the vehicle she drives. But if the company isn't firing him, than I wouldn't be surprised if he tries again next time he sees her vehicle because he got away with it. Maybe get a motion detecting camera system to catch any shady behavior.
| 0 | 471 | 1.188406 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsjoe6u
|
hskc23j
| 1,642,111,933 | 1,642,121,423 | 47 | 82 |
Employer is not responsible unless was done in the course of work. You should file a police report, and you can file a small claims case.
|
Not a lawyer- file a police report and decide if an insurance claim is worth the deductible and possible increase in premiums. Regardless of how you proceed with insurance, I would consider waiting before your repair the damage, especially if your GF still works there and may need to use the truck. What that guy is doing is most likely considered sexual harassment because she won't be with him and he is retaliating by damaging the vehicle she drives. But if the company isn't firing him, than I wouldn't be surprised if he tries again next time he sees her vehicle because he got away with it. Maybe get a motion detecting camera system to catch any shady behavior.
| 0 | 9,490 | 1.744681 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskc23j
|
hsjv5o5
| 1,642,121,423 | 1,642,114,533 | 82 | 23 |
Not a lawyer- file a police report and decide if an insurance claim is worth the deductible and possible increase in premiums. Regardless of how you proceed with insurance, I would consider waiting before your repair the damage, especially if your GF still works there and may need to use the truck. What that guy is doing is most likely considered sexual harassment because she won't be with him and he is retaliating by damaging the vehicle she drives. But if the company isn't firing him, than I wouldn't be surprised if he tries again next time he sees her vehicle because he got away with it. Maybe get a motion detecting camera system to catch any shady behavior.
|
Depends on what state you live in, but look to see if you live in a state that has single consent to audio record. If you live in a single consent state then have her record any and all interactions with the guy. As long as she is part of the conversation she is the only one that needs to know that the conversation is recorded.
| 1 | 6,890 | 3.565217 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskb0er
|
hskc23j
| 1,642,120,981 | 1,642,121,423 | 6 | 82 |
File a police report and have them pay for the damages
|
Not a lawyer- file a police report and decide if an insurance claim is worth the deductible and possible increase in premiums. Regardless of how you proceed with insurance, I would consider waiting before your repair the damage, especially if your GF still works there and may need to use the truck. What that guy is doing is most likely considered sexual harassment because she won't be with him and he is retaliating by damaging the vehicle she drives. But if the company isn't firing him, than I wouldn't be surprised if he tries again next time he sees her vehicle because he got away with it. Maybe get a motion detecting camera system to catch any shady behavior.
| 0 | 442 | 13.666667 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsjoe6u
|
hskaxzp
| 1,642,111,933 | 1,642,120,952 | 47 | 69 |
Employer is not responsible unless was done in the course of work. You should file a police report, and you can file a small claims case.
|
File a police report, and a claim with your insurance. Your insurance will go after them for damage costs.
| 0 | 9,019 | 1.468085 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hskaxzp
|
hsjv5o5
| 1,642,120,952 | 1,642,114,533 | 69 | 23 |
File a police report, and a claim with your insurance. Your insurance will go after them for damage costs.
|
Depends on what state you live in, but look to see if you live in a state that has single consent to audio record. If you live in a single consent state then have her record any and all interactions with the guy. As long as she is part of the conversation she is the only one that needs to know that the conversation is recorded.
| 1 | 6,419 | 3 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsluelg
|
hsjv5o5
| 1,642,150,096 | 1,642,114,533 | 44 | 23 |
Not a lawyer but this appears to be an escalation and I'd be concerned for your girlfriend. Whilst it won't protect against things now, keeping a record of the harassment will help later on if it keeps getting worse. Get advice from a women's safety org or stalking charity on the best way to keep records, and any actions she can take to protect herself.
|
Depends on what state you live in, but look to see if you live in a state that has single consent to audio record. If you live in a single consent state then have her record any and all interactions with the guy. As long as she is part of the conversation she is the only one that needs to know that the conversation is recorded.
| 1 | 35,563 | 1.913043 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsluelg
|
hskwvu1
| 1,642,150,096 | 1,642,130,488 | 44 | 13 |
Not a lawyer but this appears to be an escalation and I'd be concerned for your girlfriend. Whilst it won't protect against things now, keeping a record of the harassment will help later on if it keeps getting worse. Get advice from a women's safety org or stalking charity on the best way to keep records, and any actions she can take to protect herself.
|
Call the police. File a claim with your insurance company. Provide the police report to your insurance company. Have your girlfriend file for a civil restraining order against this individual. Use the police report as part of the supporting evidence along with any other details of harassment. When getting an RO, you will first be given a temporary restraining order and that will be done ex parte. Serve the TRO on this guy and at that point your girlfriend's place of employment will have no choice but to make sure that they are not scheduled for the same shifts and they might potentially fire him or temporarily suspend him. They might also fire and/or temporarily suspend your girlfriend. File a small claims lawsuit against him to recover money not covered by your insurance company.
| 1 | 19,608 | 3.384615 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsluelg
|
hskh5f8
| 1,642,150,096 | 1,642,123,612 | 44 | 11 |
Not a lawyer but this appears to be an escalation and I'd be concerned for your girlfriend. Whilst it won't protect against things now, keeping a record of the harassment will help later on if it keeps getting worse. Get advice from a women's safety org or stalking charity on the best way to keep records, and any actions she can take to protect herself.
|
Yes you should report it. For no other reason than to discourage him from doing this kind of stuff again. If got away with it once he’ll do something else again. Like others have said this will create the paper trail on him and likely sounds like he may already have a record. This won’t help him but may not help you in the immediate timeframe. Also like others have stated that a company should take harassment seriously. If they don’t then its also a sign of how they will treat their employees in the future and maybe consider looking for another job.
| 1 | 26,484 | 4 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsluelg
|
hskv315
| 1,642,150,096 | 1,642,129,670 | 44 | 10 |
Not a lawyer but this appears to be an escalation and I'd be concerned for your girlfriend. Whilst it won't protect against things now, keeping a record of the harassment will help later on if it keeps getting worse. Get advice from a women's safety org or stalking charity on the best way to keep records, and any actions she can take to protect herself.
|
Any other businesses in the area that might have cctv covering the lot?
| 1 | 20,426 | 4.4 |
s3b484
|
legaladvice_train
| 0.97 |
Let my lady borrow my car to go to work and her jealous coworker keyed my car, what do I do? My girlfriends's car broke down recently and I had classes to attend yesterday (Jan 12) so I just let her take my car to work. Her coworker, with whom I've already had a ton of problems (mostly over him being in love with my girlfriend), keyed the trunk of my car while he was drunk at work. My GF was on her lunch break when he approached her and made a remark along the lines of "I just keyed your boyfriend's car." He then played it off with "I didn't, but I might if you keep parking it near me or driving it." She knew he was at least kind of drunk so she really didn't think anything of it until she got off work and saw that he had scratched my trunk from taillight to taillight. I waited until the today (Jan 13th) for my GF to talk to her employers to see if they had the footage before I reported anything but unfortunately they don't have security cameras in the parking lot and, believe it or not, dude is denying that he did it to their bosses. In turn they tell her that it's a "he-said-she-said" situation and there's nothing they can do to punish him, that contacting the police will more than likely end in the same result and that in order to quell this she should simply avoid him. Does anyone know what are my options here? Do I just file a police report with no evidence aside from him semi-admitting to her that he did it? Is there anything we can do about her employers essentially turning a blind eye to the harassment/ property damage? Can they be found partially responsible? Are they right about the police also being of no use?
|
hsluelg
|
hskb0er
| 1,642,150,096 | 1,642,120,981 | 44 | 6 |
Not a lawyer but this appears to be an escalation and I'd be concerned for your girlfriend. Whilst it won't protect against things now, keeping a record of the harassment will help later on if it keeps getting worse. Get advice from a women's safety org or stalking charity on the best way to keep records, and any actions she can take to protect herself.
|
File a police report and have them pay for the damages
| 1 | 29,115 | 7.333333 |
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