Neighbor problem-Assorted issues

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whymsy2007

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My family has lived in the same home for over thirty years. About four years ago, we got a new neighbor. Initially there weren't any real problems until we found out later that this individual would be running a business from their home. Almost immediately after the business was up and running, their clients started parking in front of our home. It later came to our attention they made an agreement with the town to have clients parking in FRONT of their home/driveway. Now I realize the gutter/curb is the town's property, but I can only feel that since this person made an agreement, they should be holding up to that agreement. However, the town does little to enforce anything.

This was just the tip of the iceberg. The individual started showing very strong signs they had little or no regard for us as their neighbors. The area we live in is not a business district. There are no other businesses on the street. In fact, we are about three blocks from the business district area of the town. Our problem is not so much with the parking, although it is quite irritating when a client parks in front of our home when there is sufficient parking in front of the neighbor's home or their driveway.

This brings up my next question. Shortly after the new person moved in, we noticed it was a habit for them to stare over at our property, and at what was going on in our yard. We had been talking for a long time about a privacy fence, even before this individual moved in to eliminate that problem. We told the individual of our plan to have the fence built. We were not rude or threatening. We simply stated we were going to try to have one built. Initially they were in total agreement, even offering to help pay half the cost. However, soon after we notified them of this we noticed a disturbing change in behavior.

There are two fences separating the two properties. One fence is our's, the other was built by the previous owner (now the new neighbor's fence). We decided to build a privacy fence along the neighbor's fence. I guess this infuriated the new neighbor who then started throwing what I call an "adult hissy fit". The individual did everything in their power to stop the building of the fence. The day before the fence was built, we called the new neighbor who proceeded to threaten us and tell us to tear down our fence because they claimed we were on their property. Now NOT once did the new neighbor come to us to tell us of their belief we were on their property. After hearing this, we decided to wait one week to see if they would proceed with a property line survey. Never happened. We decided to proceed. What really disillusioned me as well was the fact we were building along THEIR fence, a property line established by the previous owner who built the fence! I was also angered to hear that the new neighbor even went as far as to send a town employee on our property to find a "pin". We were never told of this occurance. We only learned after the fence builder contacted the new neighbor. The two properties/homes are about a century old, and we were told by a lawyer that pins can potentially be moved over time. We were also told that because the properties are quite old, good records were not kept.

This happened nearly four years ago. Since that time the new neighbor has not made any move in terms of having a survey done. On more than one occassion I have heard them tell other members of the community that we are on their property, and this has started a ridiculous "smear campaign". It is not uncommon for the new individual to stoop to name-calling and involving clients in petty behavior. The new neighbor will bring clients outside and proceed to heckle us, our property, etc. We did contact the authorities who showed extreme partiality for the new neighbor, telling us essentially we had to put up with it. I just want to know if we have any recourse as to the harassment this individual/their clients have started. We do not bother this individual at all. We have ignored it, but this person seems very obsessed with continuing on this path. I am appauled at their behavior, and even going so far as to involve other members of the community/clients.

I was told in the past that filming the behavior is the only recourse we'd have if this went to court. I feel this goes way beyond just a civil matter as this person is also running a business. I do have some footage, but to obtain audio I'd have to go outside to get it. I think that would just be giving them the attention they've wanted all along. We have ignored it for over four years and it's not getting any better. I know as soon as the weather warms up, the behavior will get worse. Is there anything we have not been made aware of in term of laws? They are running a small business. Are there codes of conduct with small businesses or is that strictly determined by the town? We are certain the town will do nothing. I feel this individual should be held accountable for this type of brazen behavior.
 
Not surpringly there has been no comments to my post.

Apologize for the excessive amount of information. However, an excessive amount of things have happened in the time the new neighbor has resided in this residence.

Based on the law, I think the only option we have is to film the behavior if it went to small claims court. For the last four,five years the individual has lived in the home, we have ignored their behavior, but at some level I believe that as a business owner, they should be liable for that behavior.

(From a law standpoint) should we just ignore it and let them continue to talk to the wind or is there any valid case here?
 
Eavesdropping is considered a crime in many states.

Hire a lawyer.
 
Not surprising as there are no comments to my post.

I apologize for the excessive amount of information, however, there was a lot to provide.

From a law standpoint-is there a valid case here? Does this go beyond a civil matter per the fact this person runs a business? Do we need to start filming the behavior in order to have valid evidence if it went to small claims court.

It is an unusual situation, and a lot of it stems from juvenile behavior that this person seems very content with continuing. I believe to some extent there's some obsession as it seems to go on and on and on. We do NOT bother this individual or encourage the behavior. We mind our own business and we have been considerate neighbors, however, I don't think this person knows the meaning of the word.

Should I just continue to let them talk to the wind or pursue it further?
 
I am not sure what you are saying in this post in regard to "eavesdropping". The individual is VERY loud and INTENDS for us to hear this comments.

Could you expand please?

Eavesdropping:

I was told in the past that filming the behavior is the only recourse we'd have if this went to court.
 
I am located in Colorado. I know that in a past case with one individual in another state that evidence in which harrassment was filmed it was seen as valid evidence (sorry not familiar with all law terminology).

Why would we need to hire a lawyer in order to have a case?
 
I am located in Colorado. I know that in a past case with one individual in another state that evidence in which harrassment was filmed it was seen as valid evidence (sorry not familiar with all law terminology).

Why would we need to hire a lawyer in order to have a case?

If you want to know how to control people, I don't know how to do that.

If you want to sue them, then hire a lawyer.
 
If you want to know how to control people, I don't know how to do that.

If you want to sue them, then hire a lawyer.


In Colorado (just verified) filming harrassment is NOT against the law. If we hired a lawyer wouldn't evidence help? So going physically outside to film this petty individual is pretty much my only option?

Do you know what kind of laws are out there that we might need to be aware of that involve business owners. The Small Business Administration indicated they have NO authority over how businesses choose to run.
 
Thanks for the suggestions Senior Judge.

Can anyone tell me if they've had a similar experience with a neighbor? I am just trying to verify if the videotaping is worth my energy? We are not sue happy people, in fact, as said prior, we've put up with this juvenile behavior for several years. However, it gets to the point where we are not comfortable going outside to enjoy our yard/home because this individual will come outside (with clients/family members) to proceed with laughing, making snide remarks(a fun habit for them) even though they need to take a look at their own property before heckling other's. Anyway, my point being is that this has gone on long enough. We go out of our way to distance ourselves from them, but inevitably something happens either originating with this person or someone who knows them that drags us back into this nonsense.

All I want to know is if this sounds like a case that'd get anywhere (with the help of videotaping) or does it sound like this person should continue to be ignored? I don't want to continue to waste my time on this individual unless there is a case here.
 
seniorjudge is correct

You got the best advice anyone here can give. Hire a lawyer. You're going to be in way over your head if you don't and you'll end up being the one who is looked upon as the "troublemaker." The only way to protect yourself is to hire a lawyer.:yes:

If you want your town to change its attitude, why not run for elective office? You don't necessarily have to win, just get your ideas of how to make the town more friendly out to the public.

A question: Does your town have Zoning? If so, when were the notices of a change in zoning of your neighbor's property posted and where and when was the presentation made? And if it was a public hearing, why were you not there?


Oh, and the answer to your original query is "Hire a Lawyer.":yes:
 
I think it's funny that we'll be seen as the "troublemakers" when we have absolutely NOTHING to do with the community. I think there are a lot of people with FAR too much time on their hands and that's why this continues. I feel sorry for this so-called business owner and the how thoroughly ignorant they are. I don't know why people have lost their manners this day and age.


I have to laugh at this comment because the town NEVER changes. Everytime someone tries to better the community they get ran out of town. The community has a SET way of doing things and things do NOT change because there is too much apathy within the community. A "Just leave it alone" attitude. The town isn't going to change.


As I indicated in my previous post, the town did NOT make us aware of a business coming in next door. We received NO indication of the person moving in was going to be running a small business. If we had been made aware, we would have been at the meeting. The town has a very under-handed way of doing things. This individual is very ignorant in terms of the proper way of running their business.

As I indicated in my past post, as soon as the weather warms up it'll start again, and it has. It's just like clock work year after year. I do believe this could definitely end up in court. My question wasn't whether or not we should hire a lawyer it was if VIDEO TAPED EVIDENCE would be helpful??
 
In my opinion you have two options:

1. Move. The neighbors are not going anywhere, especially since there is a business involved.

2. File a restraining order from them. I know this can be done, even on petty terms. (not saying yours are petty, they are not.) My own mother filed one against me with NO evidence of any danger or harassment. Just go to your local court, and tell them you want to file a restraining order, or try a PFA. Once you get it, they can't even speak to you or they will go to jail.


__________
Not a lawyer. Just some friendly advice.
 
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