psycho neighbor leaning stuff against fence

[Ann_]

Hello,
I am the one with the neighbors from hell, well among other things they are laying crap against my chain link fence that is completly on my property. Are they aloud to do this? The cops where I live seem to be no use and are always saying, "sounds like a civil matter" but arent they here to enforce the law? I would think that laying stuff on peoples property is against the law? Any suggestions? I live in CA with no homeowners association.

 

[NYClex]

hm, if the fence is totally on your land chances are that by putting the stuff against the fence the neighbor is committing a tort, which, as the cops rightfully observed, is a civil matter. It is called trespass to land.

So if the stuff is touching your ground, or reaching into your ground, you have a cause of action.

At least in theory. Seen from a practical point of view, though, what is beyond your fence is beyond your world. If he leans stuff against the fence from his side, why bother going to court for that? If you win the case you get nominal damages of may be one dollar and then what? All the time wasted for nothing.

If you don't want to look at the stuff and your neighbor's property, may be you should consider replacing the fence with a wall or at least a wooden fence that is impenetrable to sight?

 

[Michael Wechsler]

Originally posted by Ann
Hello,
I am the one with the neighbors from hell, well among other things they are laying crap against my chain link fence that is completly on my property. Are they aloud to do this? The cops where I live seem to be no use and are always saying, "sounds like a civil matter" but arent they here to enforce the law? I would think that laying stuff on peoples property is against the law? Any suggestions? I live in CA with no homeowners association.

If it's no big deal then I wouldn't worry. As NYClex put it, what's the point in going to court and getting nominal damages. If there is an effect on your fence, e.g. it starts to tilt, will force you to take maintenance measures, then you may want to send them a notice that you will bill them for your next repairs. I can understand if it is unsightly and if talking doesn't help, then writing a letter, certified return receipt is a good way to start enforcement and usually put a little jolt into people who don't take the spoken word so seriously...

 

[rockie]

Ann

I can truly sympathize with you because I am in a similar predicament. I live in a nice community of about 40 homes, 1 acre in size which are governed by an HOA.

My problems also are with a psycho neighbor. My problems began before we even moved in, as this neighbor was occupying his home before we bought and settled. On our weekly progress checks on our house, we would often encounter "Tommie" who would ask questions like: why did you position your house where it is? It's going to block my view.

We had a retaining wall built between the properties since we sit about 8-10 feet lower than "Tommie's" house and we were threatened with a potential lawsuit as he put it, if he were to happen to drive his lawn tractor over the emabankment.

I once caught him chopping off branches on some pine trees that were clearly on my property and he ran into his house.

I put up a post and rail fence, all that is allowed by my HOA to keep him from coming onto my property and taking my wood pile and tossing it into my woods. I even put up no trespassing signs on my border line. He proceeded to put up signs directly in front of mine so that my signs would be blocked and not readable from his property. They had LMAO written on them(chat language for laughing my ass off.

During one heavy storm that brought down tree branches, etc. I caught him throwing his yard waste over my fence onto my property. Police wouldn't act without a video or more proof.

He also lines up every dead branch, log, bunches of garden weeds etc. along and through my fence. On one occasion as I was removing the items that came through the fence, his Toadie son came out with a video camera and tried to provoke me into a verbal confrontaion. This time I called the police and got their advice on how to handle the situation. They said if it leans on your fence or comes through, throw it back onto "Tommie's" yard. He's also been caught raking his leaves onto my property and continually blows his grass, etc. into my driveway.

This clown is the only one in the development whose exterior looks like the Munsters or Addams family lives there. He has a patch of growing weeds next to his driveway that are at least 4 foot tall. He decorated this with a yellow ribbon and tinsel. A real cukoo. Now he's dumping the mounds of grass that he's collected onto these weeds, producing a stinking eysore. HOA covenants don't cover this, unfortunately.

I could go on and on, but you get the picture. He's created stress and grief for me and completely taken away my enjoyment of my property which I keep up rather well. Don't get me, my home is not perfect, but I don't go out of my way to cause problems for others.

We are in this together. I don't really see a way out other than moving or prayers that this clown will drop dead soon!

Good luck to you!