Riding Your Own Property In Florida!

[Dirtboy52]

I'd be willing to help a little with legal fees if he comes after you. I hate that crap. We gotta fight folks like that. Maybe we can get a TT legal defense fund. Think the AMA would help out? Probably not.

[hypersthenos]

I had the same sort of problem with my neighbor. He was ticked one day when I came down my driveway & kicked up some dust. Found both my tires spiked the next day (had the bike in my unlocked barn-my bad). Couldn't prove anything so just made sure to ride slower down my drive. Started praying for the guy & one day his well pump fries. I helped him for an afternoon replacing his pump. He starts telling me about his old days of riding & now he seems genuinely friendly when I talk to him over the fence. Sounds like you've got a harder case on your hands but keep up the prayer. I'll bet it's not too long before something interesting happens.

[BH1]

Okay guys, this may not be the correct forum, but once again I trust you all, no or few kids spouting off about hip hop here, adults only.

We live in North Florida, Tallahassee area. Own a little over 10 acres, our little community was once the Littman farm way back when, which was sold out and became the River Oaks Plantation, which was then subdivided into 10 acre tracts and sold. We have have been living here for 12 years now and pretty much able to do what we want, until recently!

A neighbor who makes his living on shady real estate deals moves in about 3 years ago, another shady deal too. Anyway a long story made short is, started getting dirty looks recently, then it was would you not ride on the corner of your property that adjoins us, then can you quiet your bikes, all of which I made a definate effort to show respect and courtesy, to the above requests. Then his 18 year old son almost runs down my 6 year old son, I made the request that he speak with his son and ask him to please slowdown, I was given the answer of " you start them motorcycles again I will sue you and eventually take your property and belongings, if you do not comply with my every wish!" Well I walked away from him and have continued to ride sparingly during the daytime mostly my sons on their small thumpers all properly muffled etc... Well he starts videotaping when we ride or my 14 year old daughter works with her horse, I have called the sherriff but to no avail am told he can tape all he wants as long as he is not on my property.

This evening he throws paperwork at my wife after calling her stupid, and an idiot, after taking a photo of him and his harrassing tactics, well the paperwork turns out to be insulting, slanderous and threatening. About how he will take our home and belongings, etc...

I guess what I am looking for here is both advice and legal resources to deal with the invasive and communistic assault being made upon us, any help specific to Florida would be appreciated!

OK, I am a Florida lawyer that has been down this road with a few clients. First of all, he cant take your land or home from you because Florida enjoys "Homestead" protections on primary residences. There are qualifications for the protection that you would need to talk to a local lawyer about but his threats are relatively empty. As for the threat of litigation...... anybody can sue for anything, period. The part that sucks is that defending a well plead complaint can be pricey. I suspect that he will not be willing to actually hire a lawyer and spend the $$ either to file against you. I would also check to make sure that you have no "covenants, codes and restrictions" on your deed that would prevent this activity. The only issue that has been difficult to deal with has been code enforcement. If he calls code enforcement you can bet that those do-gooders will be out there issuing citations as fast as they can write. The code board is a bunch of simpletons that hate riding and love denying you your rights. At that point you need to consult a local lawyer that is familiar with land use issues and has a good relationship with the board. The good news is that you can apply for retraining order and also file a civil suit too!! Intentional infliction of emotional distress, libel, slander, loss of enjoyment of your property, trespass, etc..... I wish he were my neighbor, I would wear his ass out in court till he was soo broke he had to move. Have fun and if you need a referral PM me.

Brett

[wheelnut46]

OK, I am a Florida lawyer that has been down this road with a few clients. First of all, he cant take your land or home from you because Florida enjoys "Homestead" protections on primary residences. There are qualifications for the protection that you would need to talk to a local lawyer about but his threats are relatively empty. As for the threat of litigation...... anybody can sue for anything, period. The part that sucks is that defending a well plead complaint can be pricey. I suspect that he will not be willing to actually hire a lawyer and spend the $$ either to file against you. I would also check to make sure that you have no "covenants, codes and restrictions" on your deed that would prevent this activity. The only issue that has been difficult to deal with has been code enforcement. If he calls code enforcement you can bet that those do-gooders will be out there issuing citations as fast as they can write. The code board is a bunch of simpletons that hate riding and love denying you your rights. At that point you need to consult a local lawyer that is familiar with land use issues and has a good relationship with the board. The good news is that you can apply for retraining order and also file a civil suit too!! Intentional infliction of emotional distress, libel, slander, loss of enjoyment of your property, trespass, etc..... I wish he were my neighbor, I would wear his ass out in court till he was soo broke he had to move. Have fun and if you need a referral PM me.

Brett

NICE!

[Dieselox4]

thats good advice BH1. im going to check in to all of that for our land there also.

[almostinvincible119]

Think the AMA would help out? Probably not.

Probably not is right. Grady county is fighting Fastrac, Josh Wood's practice tracks and even DAVI MILLSAPS private tracks and MTF and the AMA has done nothing to protect their "Right to Ride." On more than one occassion, Coleen, Davi and Honda has said they will make Grady county go broke. I understand they we do not have the money to break the county. Esp. Leon, but if we dont fight back, who will? The way I see the AMA is "Protecting Your Right to Ride (on the west coast)"

[redrider305]

Id say you shoot the guy.

First, get a powerfull gun. .45 would do (get an extra clip for the son).

Second, wait until the next altercation occurs. make sure that it happens in your side of the property (important).

Third, empty the clip on your "problem" then wait for the son and use second clip on him.

Note, if the desired effects dont occur, repeat step three at your discretion.

LOL! I am just kidding but you should be aware of this wonderful state new gun laws.

[30-A rider]

Do not approach this guy. He is obviously unreasonable , and you would only be setting yourself up for more verbal abuse. Document every incident with dates and time regarding him approaching you. If he ever comes off offensive or you feel threatened call the Sheriff, and file a report. Me personally if anyone threw anything at my wife Id definately call the Sheriff. Not cause your gonn have him arrested, but to create a paper trail. If this ever becomes a legal matter you having this trail with the Sheriff demonstrates you were on top of it, and were concerned about it all which weighs heavily in your favor.

Your best recomendation was to find out about noise ordinances in your area. Get a cop yof this from your local municipal office..get it in writing. If you eve rhave to call Sheriff give him a copy and ask him to explain this to your neighbor. Have Sheriff explain you can make noiuse you want in those hours..he has not right to say anything...and finally that due to his explosive behavior you do not want him on your property, and if he does you will take it as a threat as he has been warned.

Been through similar stuff like this...Again...make that paper trail!

[factorymx]

hey rebelventurer. i agree with some of the other guys on getting the times during the day and noise levels you can ride, then rip it up! unfortunatly the more you ride and tick him off, the more he may mess with your wife and kids. especally when they are off the property. but then that goes into harrasment from him. would a restraining order work in that case? try calling tl1000crf250 s father in law. im sure that would be great help.

shoot, ill come over and make some noise with you. i am a native floridian from Cocoa Beach and my wife is from Tallahassee. the only reason we left was due to me enlisting in the Navy where we live now in Virginia. we recently just bought her grandmothers 25 acres out off Old Magnolia Rd. . its a nice place to ride. her aunt has the 10 acres on one side, her ucle on 177 on the backside and the next house is a few miles away. it all dairy land. we go down about every month. give me a PM some time, ill ride!

just invite everyone over from here for a nice weekend ride and BBQ and bonfire! he will leave.

mike.

I like this BBQ idea,need about 7 days notice though.Long drive from the west coast of Canada.See yall there lol.

[FLMX909]

rebelventurer,

I feel fo you. It's frustrating to deal with people like that. I grew up in Tallahassee and rode my bike on our property everyday. I live in Wakulla County now and only have 5 acres, but have a MX track on the property. My neighbors have quads and 3wheelers, so they don't say anything. It's not going to last forever. There are 2 or 3 parcels still for sale and you never know who will buy and build. I hope I never have to deal with an abrasive peckerwood like that.

Anyway, I hope it works out for you. But like BH1 said. Contact a local attorney who can advise on steps to take to protect yourself. And DOCUMENT EVERYTHING !!!!! I can't say it enough, DOCUMENT EVERYTHING !!!! Custody battle for my son taught me that. If there is a record of it with local Sherrif's Dept. then you will be able to show a pattern of behavior. Also, if the letter contains the type of material you say, then the guy could have just hung himself with his own words. Hard to deny written proof of his threats.

Good luck.....

[rebelventurer]

Guys, I thank you all for your responses!

An update today a neighbor (different one) came by and was asking what was going on it seems the bad guy (we'll call him) has copied this threatening letter which is an attack on my family, and a pack of lies to boot, and tresspassed on all my neighbors properties and put the letters in everyones door, so now not only has he threatened us but he is looking for support from neighbors, which I do not think he will get. And has verbally told one neighbor before its over he will own all the land out here! This guy is out to make our lives miserable, and thinks he can take our home from us. I am a carpenter by trade my wife is a stay at home mom that home schools our three children.

I honestly fear for their safety when I am at work, the guy literally foams at the mouth like a rabid dog when he is ranting and raving.

[YZ250F_Rider]

Guys, I thank you all for your responses!

An update today a neighbor (different one) came by and was asking what was going on it seems the bad guy (we'll call him) has copied this threatening letter which is an attack on my family, and a pack of lies to boot, and tresspassed on all my neighbors properties and put the letters in everyones door, so now not only has he threatened us but he is looking for support from neighbors, which I do not think he will get. And has verbally told one neighbor before its over he will own all the land out here! This guy is out to make our lives miserable, and thinks he can take our home from us. I am a carpenter by trade my wife is a stay at home mom that home schools our three children.

I honestly fear for their safety when I am at work, the guy literally foams at the mouth like a rabid dog when he is ranting and raving.

get an injunction, you have more than you need.

[Dieselox4]

i agree with YZ250 F. now you have a hard copy (the letter to the neighbors) and any neighbors willing to keep this guy off their land also to speak on your behalf. i would try to all get together against this guy. have you contacted any lawyers yet?

[crashlee]

I live on a court and had a meth lab with a it's own resident crack whore directly across from my home. I can totally appreciate your concern for your family's safety. The whore literally got in my husband's face trying to provoke him. Has threatened to send "her" people over to break into our home and/or tamper with our vehicles. Nevermind the streams of vehicles in and out all hours of the day and night and the added concern of the possibility of an explosion. She even acted very aggressively towards another neighbor who is a single Mom in her 50s with a disabled son. That is what really ticked off my husband!

Luckily they were renters and were forced to move when the lease expired. But, the police were watching and made their presence known.

Get a lawyer, call the police and document everything. Do not say a word to him. Put in motion-sensored flood lights and install video survellience cameras. Make sure that he can plainly see the cameras. Even if they aren't plugged in.

Invite your good neighbors over for a BBQ or just to sit out outside and enjoy the cooler weather. There are strength in numbers. In our situation, my husband and our good neighbors started hanging out in the front of the house, sitting on the tailgate, enjoying a few brews. When my husband would go outside by himself, the bad lady would "make" a phone call outside ( don't think she was actually ever talking to anyone) As soon as a good neighbor came out -- she'd go right back inside. Our neighbors all work different hours so someone is usually home in the court at any given time. We made it very obvious (without provoking or taunting) that we were looking out for each other.

It's unfortunate that your neighbor is so insecure and miserable in his own life that he threatens you and your family so he can feel like he's a "big" man.

Good luck...and ride on

[FLMX909]

Guys, I thank you all for your responses!

An update today a neighbor (different one) came by and was asking what was going on it seems the bad guy (we'll call him) has copied this threatening letter which is an attack on my family, and a pack of lies to boot, and tresspassed on all my neighbors properties and put the letters in everyones door, so now not only has he threatened us but he is looking for support from neighbors, which I do not think he will get. And has verbally told one neighbor before its over he will own all the land out here! This guy is out to make our lives miserable, and thinks he can take our home from us. I am a carpenter by trade my wife is a stay at home mom that home schools our three children.

I honestly fear for their safety when I am at work, the guy literally foams at the mouth like a rabid dog when he is ranting and raving.

You're a carpenter? That's cool. I own a truss plant.

Back to this raving lunatic that lives next door to you. If this guy is making these types of accusations not only to you, but to your neighbors, he needs to be put in his place. You should really consider retaining an attorney and having an injuction (restraining order) filed against this guy. That way the next time he approaches anyone of your family members, you can have him arrested. If this type of harrassment continues, this guy could be liable for your legal expenses as well. The courts don't take too kindly to this type of behavior. You have rights and this guy doesn't respect those rights and needs a good dose of humility.

Good luck and send me a PM if there is anything I can do to help.

[chrisbradley44]

Now, now wrf450yami, remember, Thou shalt not kill!

Yeah he's right!!! Have someone else do it for you!!!!

[rebelventurer]

My wife went to the sherriffs office yesterday, they say that the guy has done nothing criminal yet, but advised us to get a cease and decist order from a judge. My wife found a form for this online, filled it out and went before the judge this morning, judge said this not a do it yourself issue and said to get an attorney to do it! My wife is going to the district attorney's monday to speak with them. Today the guy was video taping my 14 year old daughter working with her horse which seems a little perverted to me. What has to happen before poeple will listen and actually do something? I feel his behavior is predatory and very invasive of my families life. I Thank all who have responded and ThumperTalk is the best forum going! Oh, the AMA has not responded to my inquiry, which is a little disheartening. I guess if I was in California they might have?

?

[beaulies]

This guy is very lucky to have a patient neighbor like you. I could only hope one day I could have that patients but when it comes to my daughter I tend to get crazy. I just can not believe all this idiot has put you guys through. I wish there was something we could do to make this guy quit bothering your family. good luck with the courts. Hopefully this guy doesn't take it to the next level before you guys get results from the court. Why can't people just let people live.

[bronc3]

Post his mailing address, I'll discreetly fix him for you.

[4-fiddy]

Any updates?