Can I sue my neighbor for harassment? I don't get along with my neighbor because
I asked them to cut their branches back away from my driveway because birds are
crapping all over my brand new car.Well they said they would do it but they
never did, so this one day she came over to borrow something, like she always
does and I went off on her telling her shes always wanting something from me and
I always give but I asked you to cut your branches away from my car and u cant
do it..I told her get out of my house your just a user..Well now here comes the
harassment..They started throwing bread over towards my car, they hung
birdfeeders all over by my car..They follow me from the back yard to the front
saying things to me, when I say something back they call the cops..The cops told
them that what they were doing was pure harassment but its not criminal, but if
they continue to call and make false reports that they would get arrested and
they made them pick up the bread..One time they called the cops saying I was
throwing grass over the fence onto their property, When the cop came he clearly
seen that where I was throwing the grass was on my property, again they got
yelled at for calling the cops and making a false claim..Well the cops are the
ones who told me to talk to a lawyer and file a civil suit against them and
maybe they will leave me alone..
Civil harassment definitions are controlled by state law, the general definition includes a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim.
My take on your situation is that while you could bring a civil action, the neighbor is likely to bring a counterclaim and in my experience a court is likely to award neither. The best solution is for the neighbors to enter formal mediation, which is quicker and cheaper than a law suit and the parties actually have more say in the final result.
I truly wish you the best.
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Go to mediation and get a friendly resolution.
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I suggest you take the police officer's advice and consult with an attorney.There are a number of possible legal theories that could be employed against your neighbors to cause them to cut back the tree and stop harassing you.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.