07-24-2007, 08:15 AM
quote:OK, Jeff, but be careful and when you deal with the police pay attention as to their tone and body language. Are they on your side for real? Same with inspectors and building.
In the mean time, it's police action and filing charges against them at every offense, and no more mister nice guy..
I've had experience with trying to deal with NFH through the official channels, and a psycho neighbor who is convincing can turn the whole thing around into YOU harassing them, especially with one other neighbor joining in. "Abuse of process" (IIRC the name) is a tort, similar to malicious prosecution, one for using agencies and the other for using the police.
Yes, I realize that THEY have been committing these torts against you, but understand that if it comes to a lawsuit the officials will testify, subjectively, as to their perception of who is harassing whom -- and they may just side against the newcomer, or the one who is more aggressively asking them to get off their okole and do something, rather than with who is right.
Who is right typically has little to do with anything unless you can find an official who really gets it.
As for an attorney, I would find someone respected in real estate law and instead of asking for anyone to take your case on contingency, I would negotiate a sum for writing a few letters that will lay it on the line. Steering clear of the "malice" angle and sticking to property rights and the damages for trespass, destroying property and perhaps going with a "nuisance" angle as they interfering with your right to enjoy your property.
Yes, it will cost some money, but if you stick with an hourly rate you can control the costs.
I would also contact the local mediation center and ask them to contact your neighbors to see if they are interested in mediation. As a bully, I doubt she would enjoy the process; however, the fact that she declined to mediate and you offered to do so makes you look like the reasonable neighbor.
Re the attorney's letters, very few people can receive a serious letter from an attorney suggesting they are about to be sued without some trepidation, few have the training to reply without going to seek legal counsel, and that costs them money. A lot of money they have no desire to spend.
Loss of job, etc., that serves to enrage them and inflame the situation so that they will not rest until they retaliate, if they are the types you describe. Because they will feel righteous and victimized in their twisted reality.
However, if they are put in a situation where they have to pay a lawyer, and you ratchet down the personal interaction and focus on property rights, they may just come to the conclusion it is not worth it to keep fighting you.
By the way, if you did sue them for causes of action that are not covered by homeowners' insurance, they would have to bear the costs themselves. If you go the other way and bring in insurers, you will be giving them free legal counsel ... also some money for settlement would enter the picture. Your choice of strategy, but think it out carefully. In any case, their insurance will not defend them until and unless an actual lawsuit is filed, so try chipping away at their pocketbook with letters, letters that quote case law ...
Disclaimer: not an attorney, discuss any legal strategy with an attorney. This is based on my experience though.