Expert: Michael Troy - 8/20/2009

Question
QUESTION: About four years ago we experienced a situation in which our neighbors were constantly harassing us for using the driveway to enter and exit our property to get to our house.  This driveway has a registered easement which allows for use of it in this manner; we did nothing wrong or illegal.  They just wanted to cause trouble.  My husband and I are both disabled, which information was now to them at the time.  Would their cause constitute a "hate" crime?  At the same time, they refused to allow the realtor to place a "For Sale" sign on the driveway, and called said realtor to make him aware that this house has no legal access, and that use of the driveway/easement was in fact illegal.  (not true)  Was any of their activity a violation of our civil rights?  Such as, refusing to let us sell our house, or harassing us for using the easement, for which we have every right?  How could i find out the statute of limitations on either hate crimes, or violation of our civil rights?  Thank you very much.

ANSWER: Hi Terri,

Sorry to hear about your situation.

Please keep in mind that I cannot provide specific legal advice in this forum.  For that, you would need to speak with an attorney licensed in your jurisdiction.

Generally speaking, however, for an action to constitute a "hate crime" there must be an underlying crime.  For example, if person A beats up person B, that is the crime of battery.  If person A did it because he did not like person B's race, then that crime of battery might be considered a hate crime.  Hate crimes are generally State laws, and whether a state has such a law and what is says depends on the State.

What it sounds like you are describing is a common dispute of land use rights.  You may have a basis for bringing some legal action against your neighbor, but if the basis of the dispute was disagreement over use of the land, and not some protected status such as your race, sex, or religion, the actions would probably not relate to civil rights or hate crime laws.

- Mike



---------- FOLLOW-UP ----------

QUESTION: I understand you are not an attorney.  However,  I also did mention that my husband and I are both DISABLED, and therefore, would their harassment fall into the hate crime statutes?  Thanks again

Answer
Disability may be covered by some hate crime laws, but even it it was, your disability would have to be the motivation for the other party's actions.  Rather, it sounds like their motivation is that they don't want you to use your easement.  Secondly, for there to be a hate crime, there must be an underlying crime, usually a felony.  Lying or harassment are not felonies in any state as far as I know.

- Mike