HOA Built a Gate Across My Land — I Tore It Down, and Police Discovered What They Were Hiding

HOA Built a Gate Across My Land — I Tore It Down, and Police Discovered What They Were Hiding

Chapter 6

Theme:
Font Size:
24px

I laid those two documents next to Ruth Anne's photos on my kitchen table. And for the first time since that conference room, I could see the shape of a case.

I could also see the clock: 6 days left on the county notice.

And on Wednesday, the association mailed a special meeting notice for the 12th:

  • Item one: Ratify and record a permanent safety easement across the head of Ashford Lane.

  • Item two: Authorize replacement of the access gate with reinforced construction.

  • Item three: Levy a reconstruction assessment against Lot 22 in the amount of $18,000—against my house for the gate on my land.

And underneath the money, the real move, which took me until midnight to see all the way through: Diane wasn't defending that gate anymore; she was fortifying it. Once the easement was recorded, my ownership stopped being a shield; she'd have paper of her own. And every time I set foot on that apron, I'd be interfering with a recorded association right.

And a reinforced gate meant new footings—deeper, wider, poured over the top of the old ones. She was going to bury it again under more concrete, legally, with a vote.

I could not wait for Raynor. I could not wait for a subpoena. I could not wait for the county, which had given me a deadline, not a rescue. I had one window, and it closed on the 12th.

Right now, today, that gate was a structure standing on my deeded property with no recorded easement. Tomorrow, it might not be.

I called my lawyer and asked him one question. Not "what should I do"—"what am I allowed to do?"

He was quiet a while. Then he said, "A landowner may remove an unauthorized encroachment from his own property. It's a civil risk, not a criminal one, provided you stay on your own ground, use no more force than removal requires, and damage nothing beyond the encroachment itself." Then he said, "Brad, whatever's under there, do not dig it up."

"Why?"

"Because the second you touch it, she gets to say you put it there."

I hung up and sat with my hands flat on the table, and set myself one rule and repeated it until it stuck: Pull the gate. Don't dig.

Then I did it properly. I called the county environmental office that afternoon and told the man on file I intended to remove an obstruction blocking access for the remediation work plan they'd ordered me to produce. He made a note of the call; I wrote down the time.

I bolted my son's dash camera to the tractor fender facing back, ran it off the battery, and checked the timestamp. I hitched a 20-foot chain and a shackle. I slept about 2 hours.

At 6:40 on the morning of the 11th, I ran that tractor up my own lane with the sun still low, and put the chain around the near post.

The rest you already know: the steel screamed, the post leaned, and the sound changed under it—wet where it should have been dry—and the footing rolled up out of the ground with black plastic hanging off it.

I shut the tractor off, climbed down, walked to the edge, and looked in, and I did not put a hand near it. My father's rule and my lawyer's rule were the same rule that morning: you don't touch a thing you want somebody else to find.

Behind me, up on the road, Diane Kesler had the phone against her ear. She wasn't recording anymore; she was reporting.

The deputy got there in 11 minutes. 11—on a county road at 6:00 in the morning for a property damage call. I've waited longer than that for a deer strike on the highway. He was that fast because of Diane, because of the standing trespass complaint she'd filed months earlier with my name in it, sitting in their system. So when the call came in, it wasn't a neighbor squabble; it was a known problem with a suspect attached. Her own trap sprung on her schedule.

Deputy Owen Bellamy, mid-30s, calm, one of those men who does everything slowly on purpose—he took one look at the scene and did exactly what she wanted. I was standing next to a running tractor with a chain on it; a steel gate lay in my lane in two pieces.

Diane came down off the road with her phone out, saying my name before she reached us: "He destroyed association property! I have all of it on video!"

"Ma'am, give me a minute."

"I want him charged!"

"Ma'am." He turned to me. "Sir, you want to tell me what happened here?"

I didn't argue. I decided the night before that I wasn't going to argue about anything. I handed him a folder: certified plat, certified deed, and the schedule of recorded easements, seals and all.

He read it standing up, which people don't usually do. Then he read the second page. Then he looked at the gate lying in the gravel and at Diane, and something in his posture changed by about 2 degrees.

News in the same category

HOA Built a Gate Across My Land — I Tore It Down, and Police Discovered What They Were Hiding

8 Part