What type of attorney should I hire?

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zefejije

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I have a civil rights problem regarding the free use and enjoyment of my property! It was taken away from me by a neighbor who installed 2 speed bumps on our shared driveway and they have impeded my rights of ingress and egress of my home. The speed bumps block my independent ability to leave my property because I am confined to an electric wheelchair and have been for 16 years due to multiple sclerosis. The neighbor installed the speed bumps to specifically block my ability to go over or around them and they have caused me to be landlocked on my property for over 16 months now. I even had a friend of mine from Orange County, who the neighbor knows, ask him if he would modify the speed bumps and give me a 28 inch opening so I can go through the bumps and off my property which the neighbor completely refused! This response shows that the speed bumps were installed purely to block my passage and to harass me! The only way I am able leave my property is to have someone load me into my van and drive me over the obstacles which that too causes me discomfort due to the jarring when going over the speed bumps. I have repeatedly asked the Sheriff's Department, Calfire and the County building department to require the speed bumps be removed and all they do is talk to the neighbor about my difficulties and then tell me is that there is nothing they can do and that it is a civil matter.
The access drive to my home is about 650 feet long with 500 feet of the access drive being located on a deeded easement recorded to my parcel for "ingress and egress and public utilities". There are no other instructions except parcel numbers on the deed. The easement is located across the neighbors "flag lot" shaped property and is located between my property and the main highway. Without this easement, my parcel would be landlocked which makes the easement absolutely necessary. My property and the neighbor's flag lot property both use the same drive for access to our homes. I have lived in my home since 1988 and I have no understanding of why the neighbor has committed this abuse and gain enjoyment from doing it!
This blockage has made me feel much like a fenced in dog and I have lost my ability to independently visit with neighbors and local friends. Because I cannot afford to hire an attorney, I am forced to live with a loss of my freedom! This is not right and there has to be some way of correcting this harassment!
 
Couldn't you build a short, paved surface on your property bypassing the speed bumps?

You might speak with a group that supports the rights of disabled persons.

You could also speak with a civil rights attorney or a property attorney.

You could also file a complaint with your local human rights commission.

Again, a group that supports diseases, illnesses, etc... might be able to guide or assist you.

You might want to give MDA or a group like them a call.
 
ADA Attorney!

ZEFEJIJE:

An ADA attorney is what you need on your side.

Your neighbor is all heart! Do not waste any more of your time contacting the police or county building department or any other such bureaucracy; you should go directly to the right authorities who take these matters quite seriously and that is the A.D.A. (Americans with Disabilities Association) and their lawyers.

The problem you are having with your Santa Clause of a neighbor is covered under Title 24 of California Code of Regulations which deals with California Physical Access Laws. You should also engage the weight of the Department of Justice who enforce A.D.A. Standards for Accessible Design published in Title III, Section 28 of C.F.R. (Code of Federal Regulations).

You can get the ball rolling by talking to someone at ADA the number for which is 800-514-0301, who will probably direct you to an office in your locale in California, and meanwhile, there is no harm in contacting your county's ADA Compliance officer as well.

Please let me know if you need more information.

fredrikklaw
 
The speed bumps are made from rubber and are installed with multiples pieces of rebar that are driven into the asphalt to hold them down. Any attempt that I would do to modify them would be met with interference and quite possibly a physical altercation. The neighbor is 6'4" tall and 260 pounds plus he is an alcoholic, so he is not someone to be dealt with lightly and I don't want anyone on my side getting hurt. The part of the drive where the speed bumps are is technically on top of his property, but I have the easement over his property and share in the cost of maintaining the asphalt drive.

I agree with you about speaking with a civil rights attorney and looking into the local human rights commission. I can also speak with the local MS Society and see what they say. Thanks for a couple more ideas that I hadn't thought of, I'm sure one of them will be able to help me.

Much appreciation!
 
I asked an ADA attorney whether they would be able to help me or not and they told me that the ADA does not cover residential property and that there was nothing they could do. I appreciate your thoughts and help, but unless you know something the attorney is missing, it looks like I'll have to go another direction with this.

With sincere gratitude!
 
My wife and I help with the local schools drama department and it just so happened that this evening a couple came to our home whose child is in drama and notice the severity of the speed bumps. The mother is a nurse and the husband is an FBI agent working out of a local office and after hearing my story, said that we should handle this on a federal level with the ACLU because it should be handled as a false imprisonment! The situation also includes that if something were to happen to my wife, I would not be able to go to any other neighbors and asked for help!

So if anyone can possibly add to this, I would be eternally grateful and I plan on checking this direction out and see what I can find. I pray from all these wonderful suggestions that I'll be able to find the right key to unlock my door!

Thank you again for all thoughtful suggestions and may God bless!
 
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