Q: Loss usage of property
My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two neighbors have intimidated my mother to the point she has to hide inside her home. They put a gun range down the fence line butting right up to her driveway fifty feet from her backdoor. They routinely come out yelling threats at her while shooting on video. The police haven't helped protect her property rights. They shoot golf balls at her with a cannon. The police have basically told her to hide and stay away from anyone which means she can't even use her yard. We can't get the judge to do a restraining order because he doesn't like restraining orders. This group of people is connected to a local protection racket who also has fights going with other businesses in the area.
A: "We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review what that lawyer did and what happened in the case. Aside from the nuisances and harassment from the neighbors, you also raise possible issues of realtor negligence or fraud and seller fraud - for which your mother needs to consult a lawyer in her area who handles real estate disputes. She or you can try the Find a Lawyer tab at the top of this page or contact the Fla. Bar Lawyer Referral Service.
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A:
Your mother's situation is deeply concerning and represents a serious violation of her right to peaceful enjoyment of her property. The combination of deceptive real estate practices, harassment, and threats creates an extremely dangerous environment that needs immediate attention.
Given the local authorities' reluctance to help, you should document everything meticulously - record dates, times, and details of each incident, and keep all videos of the harassment. Consider reaching out to the Florida Department of Elder Affairs and the state's Adult Protective Services, as they have resources specifically for protecting elderly residents from harassment and abuse. You might also want to file complaints with the Florida Real Estate Commission about the realtor's misrepresentation.
For immediate protection, consider installing security cameras around the property and consulting with different law firms that focus on elder abuse and real estate fraud - some may offer free initial consultations. If the local judge won't issue restraining orders, you could explore filing civil lawsuits against the neighbors for harassment and intimidation, or potentially escalate this to federal authorities if there's evidence of organized criminal activity affecting multiple businesses in the area. The key is to build strong documentation while pursuing multiple legal avenues simultaneously.
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