Property Invasion, Damages, Trespass Threatening Neighbor

[djangster]

My neighbor "Dan" married "Betty" a few years back, and since that time she has been coming onto my property, harassing me, and destroying things. Her latest episode included uprooting two trees I'd just planted. She apparently thought they were on her property. But as she yelled over a nearby lawnmower the other day, her concern now is that the arborvitae trees (meant to grow tall to screen her out) are going to grow (past my two foot buffer and) into her airspace, so she now seems to acknowledge that the trees are on my property at any rate. She also shouted that a vacated alley on my property done by my ex about 34 or 35 years ago was a problem and that I had had the alley vacated without proper permission. Seeing as how this is kind of historical at the point and was completed to the letter over a multi-year period by my ex, an astrophysicist, it is safe to say that it was done correctly. And since her property does not adjoin or have any use of this small alley, it's clear she's trying to cook things up. Vacating the alley was done prior to either Dan or Betty owning or living at their present residence. Her final remark was that I would be getting a letter from their lawyer.

I had previously filed a police report because I am terrified of this woman. So after her remarks the other day over the lawn mower, I sent a letter to them, c/o him at his place of work (real estate office) so that he would see it before she did. (Neighbor "Dan" and I have lived next door for at least a couple decades with no issue.) In the letter, I said that I refused to deal with her anymore and that if she were found on my property or evidence of her destruction and vandalism, I would call the police. I also indicated that when I received the letter from their lawyer, I would forward a copy of the police report detailing her harassment and vandalism since August, 2011. Since she knows she can't come on my property and destroy things now, I fear she will try to charge me with one of these strange charges. I have also arranged to have a licensed surveyor determine the northern lot line so that there does not need to be further issue.

I would be very grateful for any advice. I've lived here for 32 years and have no desire to relocate, but I live in fear. What can she do to me legally? How can I best protect myself? I do have documentation (photos) for some of her episodes. Could I get a Petition for Protection & Temporary Peace Order & what would be the effect?

Many thanks!

 

[mightymoose]

She can do nothing but whine and be a pest.

Build a fence. Make sure she gets the ugly side

If she continues to destroy your trees or any other property report her for vandalism.

I think you might need more compelling circumstances for a restraining order, but you can always try. If you and dan get along Im sure you can work things out between the two of you.

 

[djangster]

Thanks, Mighty Moose! I sure appreciate you writing back. Unfortunately, her little out building in proximity to my walkway, etc. is historical and there has never been a fence there, probably because it is so supremely unusable sliver of land. I'd have to get permission from the city, which is rigid on these issues but I'll investigate. The trees I planted were meant to screen her out because I didn't think a fence was a possibility. I'll look into.

Ha! I didn't realize a Peace Order was a Restraining Order, which I decided not to pursue since it seems to be a step that might cause retaliation, so I'd thought not to do that unless needed. This is an ongoing problem that involves repeated episodes of vandalism. I'm not sure I want to talk to Dan, because I feel that he is probably devoted to his new wife to the point where reason is irrelevant. He may not realize the extent to which she has been over her trashing stuff.

She's a bully, and it's helpful to have your take on this Mighty Moose! Thanks!!