Legal Question in Real Estate Law in Massachusetts
Property Boundary Restraining Orders
i own a condex. we share a common driveway (3 parking spaces, each) but we don't have a common entry/exit area, i.e., separate lanes that merge to leave. i've tried to get this negotiated; doesn't work. with proper documentation of harrassment is a restraining order something that would have them stop using my driveway as a public access? they threatened me with their (uncle) lawyer and the police. they are in violation not me and where they are (it's all their way and they don't care i'm doing all the work to keep the driveway useable in the severe snow conditions this year and they are lying and using their uncle plus other housemates--two bedroom with 4 adults--to bully me) threatening me with legal personnel and towing my car on my side. they are obviously not going to stop harrassing me and taking down my property value. i can't find laws for things like this. what are my options? can't afford a lawyer and stress may force a move. any pointers or areas i can be advised on? Legal action should stop the behavior. i was worried about retaliation but they were the ones threatening me a couple of days ago. if i now roll over and play dead, i'm just going to be further abused and my house will be unsellable. thanks...
1 Answer from Attorneys
Re: Property Boundary Restraining Orders
I can sense that you are passionate and angry at the way you have been abused. This is understandable. If you can find a common friend or professional that everyone respects, who can help you try to reach a friendly solution that does not involve the law, try that first. A clergy member may be able to help.
If you must resort to a legal solution, borrow money to hire an attorney. People who are successful in representing themselves are invariably those people who can stand back from a situation and not be too close and personally involved. A good rule of thumb is that if your life will be changed in a major way by the outcome of the legal dispute, do not represent yourself. If you want to pursue a $100 bad check in small claims court, go have fun (assuming that if you lose, the $100 is no big deal.... keep in mind that if you mess up, you could be required to pay the other parties' attorneys fees, which could be several thousand dollars, or more!).
If you cannot afford an attorney, think very long and hard before you initiate a legal proceding. It can get a lot worse than you describe. Good luck!!
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