I will no doubt be chastized for the following, but this thing reads like a Greek tragedy where the hero's own character flaws propel him inexorably to his doom.
<font color="blue">hindsight is perfect and I have figured out a dynamite case if only I could turn back the hands of time... </font>
Even though mdbard posts he <font color="blue">don't trust ANYTHING that has to go through the courts </font>he doesn't really grasp the fact that the PURPOSE of the courts is 1) to provide employment for the attorney class, 2) to allow organized (and "legal") extortion, and, 3) to divert private vendetas and retribution for private wrongs into a formalized game or "dance" and thereby reduce private violence. That's the purpose. Private hassles, such as mdbarb allowed himself to be drawn into, fought out in court instead of other venues, are won by the most outrageous accusations by the person with the deepest pockets. Even if you win the appeal (and I certainly hope you do) you have already lost.
Once the "war" started, mdbard played a game of tit for tat. I do not doubt for a moment that his neighbor started it. I do not doubt for a moment that his neighbor was trying to grab some of his property. I do not doubt for a moment that mdbard was in the "right." But right is irrelevant. What's relevant is ending (solving) the problem. For example, when his neighbor started with the <font color="blue">fire department </font>issue, or the <font color="blue">landscaping </font>near the road, what happened? How did the state find out about the <font color="blue">flapgate </font>,or, the county about the <font color="blue">septic system problem </font>, or, where did those <font color="blue">speed bumps </font>come from?
You state that it was a<font color="blue"> huge mistake to leave him to stay on my property </font>(i.e. the RV), but that the
<font color="blue">root of the problem is the poorly written easement. </font>
No, mdbard, that's not the root of the problem. The real problem is why you purchased a piece of property in the first place that allowed some private, third party to cross your property at will (carefully drawn easement or not)? Yes, I know, some will say they have similar easements and have never had a problem. But allowing someone to cross your property at will, within a few feet of your house and directly past your barn is like a soldier wandering across a mine field - some no doubt make it, but some get blown up, as you did. You knew about the easement; why did you pretend to yourself it would be all right? Did you believe the "law" would protect you? Reality always trumps wishful thinking.
Once the opening shots were fired, by the neighbor, why did you rely on your legal "rights?" The fact he would do what he did puts him in the nut case category. Reality (instead of wishful thinking "rights") should have dictated giving him anything he wanted to get out of it. In one of your posts you stated that the neighbor a few <font color="blue">months before this started was helping me rebuild my barn </font>so obviously you had some kind of reasonable relationship there. Why didn't you go directly to him and work it out (giving him whatever it took)? If you couldn't do that, why didn't you try to get someone high up on the food chain in your county to settle it (political maybe)? Why is your neighbor's attorney, who no doubt egged him on for his own financial aggrandizment and is a real culprit in this, still alive?
You may think I am picking on you, but I have far more sympathy for your plight than you may realize. I am trying to get you to see the <font color="red">reality</font>. And the reality is that you brought this on yourself because you wanted to pretend to yourself that buying a piece of property with that kind of easement on it would work out ok, you wanted to pretend to yourself that words on a piece of paper would protect you, you wanted to pretend to yourself when the "war" started that because you were right the courts would protect you, you wanted to pretend to yourself that you could play tit for tat with your neighbor (when he's got a screw loose).
The root cause of this tragedy is the belief that because we want something to be true it will be. Reality trumps wishful thinking. Always.
I will close with a stanze from the Rubaiyat of Omar Khayyam
The Moving Finger writes; and, having writ,
Moves on ; nor all your Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all your Tears wash out a Word of it.
JEH
