narcissistic neighbor

[reggiemondo]

We moved into our home 4 yrs. ago this coming fall & have had continued harassment in one form or another from the neighbor. He has turned off our irrigation water whenever he wanted for three summers now, taken us to court claiming I broke the electric gate that provides entrance to both our places, (of which he hadn't used for four years and needed repairs to work, we were an easy target to blame it on, the judge ruled in our favor), trespasses whenever he wants (the DA took him to court for criminal trespass and criminal mischief to us and made him go to counseling for 8 mo. or until the doctor deemed him o.k. to quit therapy), his fence is on our property as confirmed by the surveyor (and he won't move it), he will not put a pedestrian gate next to the automatic gate on the driveway which the gate company insists be there for pedestrian safety (he simply removed the danger sign), it needs to be there because only cars will trigger the sensors in the asphalt and it is dangerous to reach through the gate from the opposite side and feel around for the button and then run so the gate doesn't smash you up against the pine trees; I am now on four blood pressure medications instead of one when we first moved here; these are just a few of the items we have had to endure. We have documented proof of his actions by both medical doctors, neighbors, water company officials and police as well as the DA. My big question is: How much should we sue him for when we take him to court to have him make these changes and sue for punitive damages? Is there some kind of formula lawyers use to determine monetary compensation for such a case? Thank you.

 

[army judge]

You can sue him for whatever amount you desire. No, there is no formula for punitive damages. You could sue him for a million dollars, the court (or jury) will ultimately determine it, if you prevail.

You can consult with a lawyer. The initial consult is normally free. If you're going small claims, the amount you can claim is set by law in every state. To determine your state's limit, just Google it!

 

[reggiemondo]

Thank you for you input. I thought we could set the amount to sue for. I want to go for $250,000 to cover the fact that we have missed being able to put our house up for sale this year, due to his "foot dragging", his lack of cooperation on all fronts. The expenses and hassel of moving, having to pay a realtor to sell the house (if we can sell it with people knowing what an idiot they will be living next to), all of the emotional stress over the years from having to call the police to keep him in line, him taking us to court over the driveway gate issue, not knowing what he is going to do to us from one minute to the next, physical ailments caused by the stress, lack of irrigation water, having to put in a pedestrian gate by the driveway, having to put in a new sprinkler system to circumvent him so he can't control our water, having to remove the old fence and put in a new one on the correct boundary between he and us, damages for cutting the limbs off our pine trees and threatening to "beat in my face." Plus much more!
What do you think? My husband thinks we would only get about $20,000 if that. We will ask for a jury trial if we pursue this. What do you think now?
Thank you!

 

[army judge]

Punitive damages are difficult to obtain. You know them when you see them. I don't see even $20,000 in your case. Maybe, $2,500, maybe, if you're lucky and have a sympathetic jury. Juries are reluctant to award punitive damages unless they see extremely egregious conduct.

 

[reggiemondo]

Why will the jury not reward punitive damages when the evidence is so overwhelming against this neighbor? Would they like to have a neighbor do this to them? Would they like to have to sell the house they thought would be their retirement home just because of their neighbor? What do we have to do get recompense for having to move, etc. because of this guy? I don't know why they call the court system the "justice system", it isn't! Thank you for your replies.

 

[Darsha05]

Leaving emotions out of this just for a second...what would be your reaction if someone explained the like to you? Fully understanding the reasoning behind your intended actions, maybe the water isn't worth the well. Sometimes as neighbors - simply put...it sucks! And feeling as if you have no legal options make us feel even worse. If it were me, pick your battles delicately - and if necessary go to war. Only you and your attorney can decide what if anything is in your best interest, both financial, emotional and in this situation potentially physical.

I say enjoy your golden years, put the home on the market...people aren't as close minded as you think when it comes to their "dream" property/home. You might be doing yourself and someone else a favor by offering the home and it's "problems". It's amazing how people "deal" with things differently. Allow yourself piece of mind and some latitude. If this was your dream retirement home, others if given an opportunity may feel the same - total win/win!!! And who knows, maybe the neighbor may feel the same.

Good luck with this!

 

[reggiemondo]

Dear Darsha, You have no idea of what you are talking about. It's easy for you to say "oh, well," but if you were in my shoes I'm sure you would think differently! You need to be here to experience all we have and are going through.