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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Nosy Neighbor Now Trespassing

    My husband is 73 and severely disabled, both wheelchair bound and homebound. He has cancer and many other health struggles from which he is extremely ill. Our neighbor is harassing us and I need it stopped so that my husband can have some kind of peace in his last days. These people have been contentious since the first weekend we moved into our new home--the same weekend they moved into theirs.

    It started with her request that her son be allowed to pet our small dog. She soon became contentious when I requested that they keep their child away from our small dog. We had rescued the dog from an abusive situation. With us, she was gentle and sweet, but I wasn't sure how aggressive the dog would be with a child as our children are no longer living at home.

    I kept our dog on a leash, but their child would insist on coming into our yard to try to pet the dog despite my telling her to keep him away. Every time I let the dogs out, I'd have to stay at the window making sure the little boy didn't mess with the dog. Often, I would have to tell him not to pet the dog and his mother would take offense. Finally, one day our dog did run toward the little boy and when I ran out to grab the dog (who was on a leash, but going toward the little boy because he was in our yard), their son ran away screaming into his mother's arms and she became accusatory about my lack of control of the dog. After other encounters like that, we called a fence company to install a privacy fence. Since they were such contentious neighbors, we decided to place the fence about two feet inside our property line, so we would have plenty of room to maintain our fence on their side. Their yard has never been fenced and they were not happy to see a privacy fence go up. He constantly stops our service people to find out what they are doing and just generally involves himself in our affairs. He told our fence installer not to start his job until after 9:00 AM, as he had awakened his wife with his hammering that morning at 8:15 am. (City ordinance allows construction work to begin at 7 AM.) Every time we have service workers at our home for estimates, maintenance work, etc., he questions them and tries to tell them what to do. For instance, he demanded that the lawn guys come back and cut the strip of grass on the two-foot setback on our side. The grass may have been six or seven inches high, but they were trying to beat a storm, so they were focusing inside our yard before the rain started.

    We later got another small dog (chihuahua). Both dogs are inside dogs, going outside only to potty. The dogs are great comfort to my husband in his sickness, but the neighbor called the police when they barked outside. It has been extremely disturbing to my husband to have the police show up with lights swirling and yelling to identify themselves at the door. The dogs are not habitual barkers at all; in fact, they seldom bark outside unless the neighbors or their son provokes them. The police saw that right away, but explained that they had to follow up on all complaints.

    This week, we heard something cracking against our fence in the back yard and soon realized it was the neighbor beating at the cedar pickets with his weedeater. It seemed that he was intentionally trying to damage the cedar pickets. Our lawn guys have been behind for the past two weeks because of so much rain, so the grass is higher than usual, but still not more than six inches high. Regardless, we do not want him on our property. He has no business cutting the grass on our property. We spend hundreds every month on our lawn care and we have very few weeds in a lush and green bermuda lawn, so it's not like we don't take care of our lawn. Since I care for my husband round the clock, I haven't had a chance to be sure, but, I think he also put grass killer on the strip outside the fence. We are so sick of all of this.

    We try not to have a problem with them, so we just keep quiet behind our fence, but now I'm getting fed up. What can or should we do about this? My husband is having a very difficult time trying to stay alive, so we surely don't need any more problems, but we want him to stop harassing us. Can we leagally stop him from beating up our fence with his weedeater and constantly harassing us? We are trying to decide if sending him notice to stop trespassing would make things worse or better.

    Any input would be appreciated. We're too tired to think straight.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Nosy Neighbor Now Trespassing

    Laws vary by state. Where are you?

    Does your community offer community mediation services through the courts? Sometimes that puts a stop to unwanted neighbor trespass.

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