08-09-2007, 06:07 AM
Dear Jeff,
Kathy says she's not an attorney but as one myself I can tell you she's giving you excellent advice.
1. Do not engage with these people again unless you have an impartial witness or a recorder
2. If you could set up a couple of surveillance cameras to cover your boundaries it would be good
3. Pursue the property law - You can get a court order (civil, not criminal) preventing these people from trespassing (and spraying your plants over the wall is trespassing - they don't have to actually walk on your property), and you may also get damages for the loss of your tree. I can't remember - didn't they admit cutting it down? There may be other damages as well for the harassment, though this is difficult to prove. Are you out of pocket over this?
Finally, even though I understand that this kind of thing drives you nutz, your posting sounds like you're a little too engaged with these bozos. To prevail at court, you have to have "clean hands" - you have to come across as very very reasonable, a complete innocent who is being wronged by bad people.
Unfortunately, if there's a whiff of fighting back - threatening somebody's job, for instance - it's potentially damaging to your case.
And remember, do you really want to live with these people? Because that's what close neighbors are - they're folks you live with. Maybe you should sell, and if there's a loss add it to your damages.
Kathy says she's not an attorney but as one myself I can tell you she's giving you excellent advice.
1. Do not engage with these people again unless you have an impartial witness or a recorder
2. If you could set up a couple of surveillance cameras to cover your boundaries it would be good
3. Pursue the property law - You can get a court order (civil, not criminal) preventing these people from trespassing (and spraying your plants over the wall is trespassing - they don't have to actually walk on your property), and you may also get damages for the loss of your tree. I can't remember - didn't they admit cutting it down? There may be other damages as well for the harassment, though this is difficult to prove. Are you out of pocket over this?
Finally, even though I understand that this kind of thing drives you nutz, your posting sounds like you're a little too engaged with these bozos. To prevail at court, you have to have "clean hands" - you have to come across as very very reasonable, a complete innocent who is being wronged by bad people.
Unfortunately, if there's a whiff of fighting back - threatening somebody's job, for instance - it's potentially damaging to your case.
And remember, do you really want to live with these people? Because that's what close neighbors are - they're folks you live with. Maybe you should sell, and if there's a loss add it to your damages.