Re: Someone help me with this PITA neighbor!
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Downzero</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Downzero</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: DDay</div><div class="ubbcode-body">Doesn't serve any purpose to get into a pissing match with her or starting a round of back and forth complaints. It only escalates events like this to where it's out of control. You've done nothing wrong and I'd leave it at that. Do what the previous poster said and smile -- kill them with kindness. It's so much harder for people to feel like they got one over on you when you smile at them.
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This is the best advice that could be given, and I'll try to explain why.
For lack of a better term, I am in "law enforcement," but I am not a police officer. Much of my time there has been spent interviewing people in your situation--they have scummy neighbors (or they themselves are the scummy neighbor) and they get into little spats like this.
The problem with these neighbor disputes is that they never really can have a good ending if you encourage them. I'm not saying not to shoot on your property or go about your business. What I am saying is don't do anything that'd unnecessarily antagonize her. All of the suggestions here about code enforcement, police calls, etc., can also be turned against you. Once all of those authorities realize that it's a neighbor dispute, they will ignore your calls--perhaps even the legitimate ones--and it will not be a happy ending.
I have met all sorts of people involved in these sorts of disputes. Often, the neighbors hate each other, so they put up fences, no trespassing signs, surveillance cameras, etc., and start documenting everything their neighbor does. Sometimes, one neighbor (whether the good one or the scummy one) files a lawsuit and then it gets real expensive. At least one of the people I've dealt with got mired down in 3 years of litigation because his neighbor didn't like his fence or surveillance cameras. The judge ordered for the fence to be removed. Two appeals later, the fence had to be removed, despite the fact that there really was no legitimate reason other than his neighbor didn't like the fence. I don't even want to think about what all that must have cost, but I suspect that the court costs, lawyer's fees, etc., exceeded the cost of the fence (which was almost a 1/4 mile long along their property line).
The short version is that these can never end well if you keep fighting. Often, they want criminal charges against the neighbor and that's why they keep documenting and video taping. I have never seen criminal charges result, even in cases where the law would allow for it. It just doesn't happen. The courts don't have time for criminal neighbor disputes.
Do yourself a favor and minimize the arguing, or move. Trust me, I could go on and on and on about why this is the best solution, but it's better for you to just take my word for it. Escalating the situation will only make it worse for you. Bad neighbors will never become good neighbors, but they can become even worse bad neighbors. </div></div>
I agree and disagree with you on a few aspects. In this State a Judge couldn't order a fence be taken down if it's built on your property and not a hazard. Just because a neighbor doesn't like something is not cause, so I'm sure there's some particulars in the fence situation as you described that were left out.
As for the litigation I agree completely as this is a "Loser Pays" State so some less than ethical Attorneys take retainers and have clients sign Hold Harmless Clauses under the guile of "You have a case..." then leave the Plaintiff holding the bag so to speak while they keep the retainer.
As for your comment regarding the absence of charges in "criminal neighbor disputes" I don't see where you justify that comment simply on the absence of self witnessing in your area. A criminal offense is a criminal offense and just because it started as a civil dispute does not mean the courts will ignore it. In this State the courts can prosecute even if the plaintiff doesn't press charges, and believe me they do if they think it will generate revenue. IMO as he is LE he has an even higher obligation to observe the law than the average citizen. Doing anything else would be in direct contradiction of the sworn oath.
My parents had a really bad neighbor once. The idiot BF came up on their porch and was screaming at my mother then made the mistake of raising his hand to her in a threatening motion. It did <span style="font-weight: bold">NOT</span> end well for him and after he recovered he DID get prosecuted(it probably helped that he also had warrants, lol). A neighbor like that although she may seem harmless may be associating with others that are far from. It's best he does document to cover his own ass at least since he's more likely to be targeted my profiteers, especially in this State where people are quick to condemn LE before they have any facts.
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I'm going to PM your response to this to keep ot out of the open forum, but I will point out two things:
1. The judge ordered the "spite fence" removed
and
2. I have personal knowledge that these cases are not prosecuted here.
Please don't post the info that I PM you in the open forum. </div></div>
