The Line

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There is a story behind the property line. I have owned my house 26 years. For maybe 10 years the house behind me was sleepy and quiet, and there was no fence. I thought my property ended with the telephone poles closer to my house and I ignored, and stayed-off, a large triangle of land. Before the previous owners of that house sold it they expanded or reinforced their house closest to the property line.

The new owner assumed the triangle was his, it seems. More to the point, he installed something like 12 outdoor lights and all kinds of lights inside, lighting up the whole area and the interior of my home. I complained to him and the police. He didn’t respond to my complaints and the sheriff’s department said they would stop it.

This apparently led him to perform a property line survey; prior to this, I an everyone I have known relied on the telephone poles for close-enough indicators. Elevation is 7,500 feet and the terrain is rocky sometimes easily damaged.

He, the neighbor, started marking the property line and eventually he/they built a fence on a portion of their property. During the building the fence the workmen were well over the new, actual property line. He lost of lot of his property, everything was now clearly defined, and he was now scrunched-in behind a large fence. I had the big triangle I didn’t even know was mine.

He eventually sold. Who wouldn’t.

But wait, the story is not over. Ten years ago, on October 12, 2012, the Jefferson County Sheriff’s department decided to solve the situation–they arrested me (a summons) for criminal tampering and criminal trespassing. This was after the man’s initial survey efforts but before the fence. My crime: placing two long poles in the ground, extending upward, to see if a 6-foot fence would block the house and the lights. Later, after the sheriff’s department and the district attorney continued to pursue it, I learned they were accusing me of being one foot over the property line. There was no explanation for how I tampered with wires 30 feet in the air.

How do I know exactly what happened? I was on the high ground in the Tanoa development taking pictures. When my neighbor saw me and flashed lights on me in my yard I knew he would call the sheriff’s department. Prior to that the police had ratcheted-up their calls, phony investigation and friendship, and surveillance. This was in addition to the frequent banging on my door at all hours and other threats. The police still have not returned the items they stole from my backyard. Of course the charges were dropped. The district attorney’s office still has not explained their involvement either–and they were warned before it happened.

What I learned is everything the Jefferson County Sheriff’s Department was doing was an effort to blame the victims. If we would have gone to court it would have been entrapment. They continue their personal attacks and obstruction efforts today. Just last month the woman in the sheriff’s department yelled at me on the phone: “I know exactly who this is.”

So, if that is the property line, where is the easement? There is no easement (and I don’t expect Xcel to ever acknowledge that). In terms of the overall history, the owners of the property behind my home apparently learned that their property extends a few feet beyond the telephone poles. This is really the first time I have thoroughly looked at and researched it. The homeowner who built the fence apparently thought he had a solution to blocking the telephone pole with the new 6-ft. fence. I have never hired/built a fence so I don’t know, but I was told by the fencebuilder or police or someone that the new fence is 3 ft. from the line. The way around blocking access to the pole is allowing 3 feet for a person to walk with permission. Otherwise, they have to have permission or come in through a gate or over the fence. Better yet, the homeowner’s solution, they have to reach the pole from my yard, or from another neighbor’s yard. Why else would they have bothered to build the fence around the pole like that? BTW, if I remember, the fencebuilder was the owner’s brother.

Fast forward to now. The current owners put the cedar lining on the fence; they think I’m a barbarian because I say something when their dog barks at me or their repairmen come in my backyard. They are relatively respectful, or they have learned.

The last major (Xcel people have been in my backyard two more times relating to this current project; plus the truck incident) fenceline incident was in Spring, 2022. I saw a Comcast man at the one pole. I suspected he would try and walk to the next one with his big ladder, and sure enough I caught him there, at the pole surrounded by the fence; the tracks in the snow proved he was at least 10 feet in my yard, the whole way to it.

The couple at the home was helping him, as he tried to negotiate the ladder outside the fenced yard. I think they were thanking him or offering him coffee. They were appalled at my behavior and they called the police. Mark Liebe, a deputy who is involved in the conspiracy against me, stood in the home’s door feet away from my property looked at the wires above while we spoke on bodycam video about the crimes of his department. He asked me if I remembered him–it goes back 20 years. His partner I remembered from long ago too. The sheriff’s department has refused to provide the audio and video as required by law.

To my complete shock, Deputy Liebe said “I used to be a pole climber” and that the serviceman is required to take the shortest route to the pole. He made the man, with the help of the man and woman, remove the ladder over the fence and the man exit through the private property (3 feet) afforded by the homeowners. I know I have asked about this before and the answer is usually ‘I didn’t want to move my truck.’ Mr. Liebe doesn’t like me and he know full well that I have submitted numerous complaints to the commissioners and his superiors with his name on it; the noise complaint where he didn’t even have a noise meter was one.

This is about as clear as it will ever get. It is a little harder because no one can cite a law or permission that does not exist. No, you do not have the right to walk across people’s property without their permission. Until anyone proves otherwise, you only have the right to access the pole, and without further permission, that is from one direction only

Even the dumb, thug, loud and dangerous pole climbers confirm this if one pays attention. Deny, deny, deny. Everything else is a lie. “I knocked on your door and if you don’t answer that is your problem.” The next time you knock on my door will present you with a letter that you have already been warned and this time I am going to sue. Anyway, he yelled that I was trespassing when I walked a short way up the actual easement to the first pole to try and see their trucks.

That is my solution. Robert Kenney is going to receive a letter saying if he or anyone from his company or a representative or contractor ever steps on my property again without written permission I will sue.

Epilogue

Well, I just received an email from Derek J. Harrison. The homeowners learned quickly about Evergreen, Colorado, the Wild West, and the Jefferson County Sheriff’s Department. The man, who was watching and monitoring the situation was irate and the deputies basically told him to shut up. The woman was so upset and nervous she was walking around in circles. They’re the ones who called the police on me. Right up until the end they sympathized with the guy with the ladder.

RE the one pole that is the major the homeowner’s driveway and then the street are above it and fairly nearby. They used to access it from a truck with an extension device, with permission. Why anyone would allow that on their driveway, I don’t know.

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