Projects Neighbor stole my Gasser- legal help needed near KC

Disclaimer- i have some legal insurance to help with this but- i'm not sure what i can really do about it.

I share a driveway with the duplex next door- My landlord lives in California the other duplex owner lives in one side and rents the other.

The new kids in my duplex couldn't seem to park around the snow mounds this winter and pissed everyone off.

In seeing if the neighbor (Travis Somthing) could tow the college kids, he discovered the drive way is an ea*****t that grants everyone the right to ingress/eggress from the street to the garages in back. nothing else other than a description of the size and location of the land that can be used for said ingress/egress.

He reported it to the city, the kids stopped parking at the end, and told me the city would start towing people.

on Feb 28th I told him i'd found a shop to rent and would move it there on March 6th. And if that wasn't good enough for the city, id push it into the little nook between my duplex and the garage- he said "ok".

On Wed March 3rd, two things happened-

1)a city letter came telling me i have until March 21rst to move the car.

2) a friend told me my car was at someone's shop being crawled over by people looking to divy it up. I called the towing company- they said "um uhhhh the car's not here.....YET.... when will you get here? We've got legal do***ent stating the landowner wants it towed"

BS- i told them my landlord's in CA- if you talked to someone in Lawrence KS it's fraud- they asked the neighbor's name = "Travis Something" they said ' ohhhhhh, uhhhh- yeah-that'll be $245"

cops says it's civil
cops supervisoro says it's civil
Cop #2 says CRIMINAL BIG TIME under Theft of property-
but supervisor 2 says drop it- dont go over the other supervisor's head or you'll be walking a beat for ever.......

i'm trying to meet with the DA to see if i can be a thorn in his side to press charges under KS chapter 21 article 37.


I GOT THE CAR BACK RIGHT THEN- within 20 minutes - Thank God for the car community!
But this jerk was mad at the kids blocking him and now is using the ea*****t issue to say "i cant discriminate you or them- no one can park there- it's our right to use it-" which is wrong- 24 foot wide x 145 foot long is available to be used by any one wanting to exercise their right to ingress/eggress- my car was the ONLY THING THERE and he had it towed.

the car was on MY property (landlords in fact, but my lot). He misrepresented himself as the owner of the land the car sat on- the tow company did NOT do the customary cop call to determine validity of the tow.

I been there for 3 years. and he breaks the oral agreement that's he felt it's "Ok" to leave it there till March 6th (6 days). before the "city" tows it.

I want him charged with theft- Misrepresentation/deceit to gain control of someone else's property. how do i know it wasn't a car chop ring plot that i interupted or the choppers just capitalized on his illegal tow of an unregistered drag car- doesn't matter- other than intent-his actions would have been the same in starting that ball rolling- breaking laws designed to keep my belongings out of hands of those that would take them.

BUT i'f i cant afford a lawyer then i'm out $435 in two tows, lost wages, and extra fees to secure it until i can move it into the pre-aranged space i rented.-

My insurance will pay 25% of hourly rate for lawyer- but i want the criminal charges filed to help make it a grand slam so a lawyer can work with me on the other 75% until i win/if i dont....

the officer is pissed and is gladly helping me gather what needs to be gathered for a suit......


thanks
rick

 

Better get the car back pronto or it will disappear! What car? they will say........

 

Sounds like you have some inside city employees involved in either the towing company or the whole scam. Watch your back.Good luck,might be better off to take a trailer and the $245,get your car then do some investigating on your own.

 

I would lawyer up immediately!

 

people ****

get it back and then deal with the idiots who took it.

 

File a criminal complaint with the P.D. for theft of property and forgery of do***ents. File an additional criminal complaint aainst the towing company for receiving stolen property.
Pay the fine and get your car out. [minimize your losses] and then file small claims against the travis guy and the towing company.
Your actual losses will be $245 that you have to pay the towing company to get your property back, plus $245 for "expenses" to have the car returned to your property, plus the pro-rated daily cost of rent on your garage, that you couldn't use because they "stole" your car. Plus punative damages of $1000 for breaking the law.

I'm no lawyer, but I've been forced to watch about 10,000 episodes of judge judy... That's how it usually plays out in these situations.

 

IF I knew the person who just stole my car, I'd be in jail for battery. Pir8Darryl's suggestion would probably do ya better.

 

ditto X2

 

As a land owner i have called and had cars towed with very few questions asked. On city property a cop had to be present to get the car moved that was blocking my driveway. If all else fails take him to small claims, you two had a verbal agreement, he broke it and lieed. Most judges will be pissed at the guy. Or what i would do, get my shop moved then be the worst neighbor ever, make him wish hed of delt with your car and paid the 500 bucks himself.

 

I'd be in contact with my landlord aswell and inform him of Travis Somebody's transgretions and that if the situation is not sorted out he will be out a tenant. Very few landlords want to loose a tenant they've had for 3 years. Also add loss of reasonable enjoyment of the rental property if you go small claims. I used this in the past when I went after a landlord that allowed an extremely troublesome and disruptive tenant remain in a triplex I was living in it's very difficult to defend against and very easy to prove that your reasonable enjoyment of your home has been adversely affected.

 

OK you have the car back right?

Is the easment clearly marked? Does he have a copy of the easment agreement? Easment is purchased with certain criteria one of the criteria is the exact location of the easment. It is nearly impossible to vacate an easment or modify one once it is written.

Before he has claim to said easment he has to know where it is located, not ' driveway" but whre the surveyors say it is located which is determined by the original easment do***ent.

In order for him to come up with the original do***ent or a copy of it if he hasn't one so already he will have to do a ***le search on the property. An easment that is transfered or described by word of mouth is not legal and binding. One must show do***entation.

Are you getting all that?

Did you get your car back or not?

 

I must be getting old, I started dreaming of girls and rum about half way through this story and fell stone cold asleep. I awoke about 2 hours later, read about another third of it and lapsed again. I must have been really sleeping deep cause I had this dream about bouncing dimes off this very fit chicks booty. I was doing tricks like bouncing dimes off of it and into my pocket and clever stuff like that. I must have been smiling and talking a little about this booty dream cause the wife slapped me in the back of the head and woke me up. I'm a little disconcerted now because I really liked that dream, yet no matter how many times I read this story I just can't get myself to coma out again, dang. Oh yeah, you need to park in a different spot. Only because these yankers are going to steal your car, they failed the first time but I think it will disappear again if you park it there some more. But this time it will be far gone. It just seems so.

 

I actually was trying to make sure that he indeed have his car back his description of everything that was going on was pretty confusing.

Now hopefully he will press the issue on the ea*****t and cost his neighbor some heartache.

OK am I doing worse than francisco here? I was responding to a post that evidently didn't exist.

 

You've got a series of legal issues going on which I won't (shouldn't) get into. Go get yourself a lawyer. You need one. This matter is more complicated than a typical small claims matter.

 

Yeah, i know- but as a single broke*** dad- it's gonna be hard to even take the time off work to file small claims- court- those who have the gold make the rules, eh?

the ea*****t was created in '71 by the developer and provides for ingress/egress, then states it is LIMITED (not gauranteed) to Two lanes of flow and shall be as follows: then it lists the location of a 24 x 145 foot long swath and where it fits according to the property line. i understand the location of the concrete drive itself is not relevant to the property line.

there is only about 25 feet between the two buildings and my little 61 Falcon is only 5'10" wide- so there is 2 inches extra over the standard 9 foot small lanes for diminished traffic (if somone wants to get literal with lane size in a city while i'm talking about my driveway,lol).

I'm screwed.

Loss of enjoyment/benefit is right- this car is the "therapy" that the counselors are likeing for my 16 year old son and i to get past him finding his mom after she took her life in a grisly fashion in August. (her new husband was trash and did things to her...)

 

Is the car in your possesion now???? Or do you still have to pay to get it back?

 

I bet it was TravisfromKansas. He lives by Salina. Unsavory character. He is a bigtime K-State fan...and you know all about them.

seriously though, get your car, pay the fines and drop it. I bet the legal fees, time, h***le and stress will far outway the dollars you are out to date. I know it ****s, but sometimes the battle can be won, only to lose the war.

 

Get the car back NOW... You can only recover for the towing and the first couple days of storage.

 

And once again the HAMB gets an A+ for drama. Why would anyone watch those daytime shows when you can come here and get the real thing.

Frank

 

*****-slap your neighbor. Then do it again!!

 

And no more verbal agreements. Get EVERYTHING in writing. Good luck!

 

Take you car and MOVE FAR AWAY.... Sounds like nothing but a lot of STRESS to me...

 

good advice. nothing worse than bad neighbors!

 

Take it form me, the only people who win are the lawyers.

 

You have to ask yourself "just how valuable is my time?" You can't even begin to fight this battle for $245, so why do it? Get your car back and forget it - driving your car is worth more to you and your son than the money. Like the last guy said, only the lawyers can win in a case like this. Just my two cents worth...

 

69fury, Been there done that...I know laws are different in every city. Get your owner/ landlord to talk to the other owner / landlord and have lines and marked parking areas...If you don't it will happen again...hopefully to someone else....However, when there is snow....all vehicles must be moved, unless they are in their designated spot....not in common areas......

 

Yeah- i cant sue him- no lawyer will touch it- i cant have him charged-the FIRST cop says' it's civil and everyone else agrees with me but wont stepp on the first cop's toes.

- so here's a guy that lied to the tow company- and had my own car towed from my own driveway, which technicaly is under control of the city- by stating he OWNED THE PROPERTY THE CAR SAT ON when the city said i had til the 21st-(would be about $60 fine) but his private tow i'm out $435ish- $245 private tow- $40 tow to a new location, 5 hours wages, more cash to secure it as best i could until moving into the new shop space.

****s.

rick.

 

Well, you can take him to small claims court, and you might even win. You don't need a lawyer for that, in many states a lawyer isn't even allowed to represent in a small claims case. That's about your only recourse, since I ***ume you have talked to him and gotten no where ....

 

Have his car towed.

 

yea... in a huge way.

so, this **** happened in 2006? or will it happen in 2017?


anyhow... from what i can read, you got your car back, or will have it back shortly... good deal.

this is going to sound harsh, but.
lick your wounds, live to do battle with the forces of evil another day.

personally, i dont think he stole it, nor do i believe its a "theft ring" or "chopshop". he told you to your face that he was cool with waiting for your timeline. its way easier to tell you what you want to hear to make you "go away" than it is for him to tell you how he really feels... sounds to me like he's looked at your car as an eye-sore for a while now, and it just dawned on him how to make it go away...