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My neighbor continues to try and find a problem with my property. Can I sue him for harassment?

Cornelia, GA |

He claims that our horse manure is running off our property into his well. He has called the GDA, Health Department, County Extension Service and they determined 1. Our manure is a good 200 feet from the road at the center of our property. 2. His well is hundreds of feet UPHILL from our property. We realized there was some minor storm runoff and worked with the Soque watershed Assn to correct it. That hasn't kept him happy. He is harrassing us by driving by very slowly, stopping in front of our property, and continually filing complaints, often unrelated to this issue (building inspection for new barn). I am tired of dealing with this. We worked hard to make peace, but he is trying to drive us off our property. Can we sue him, or just get a restraining order against him?

Attorney Answers 2

Posted

Best first thing to do is file charges with police for harassment (stalking) and trespass if he gets off the public right of way to inspect your property. Keep a diary and photograph him when he does this. Avoid confrontation.

Any police reports or harassmentt charges eill be helpful tp you in a civil action. If he doesn't stop, see an attorney about filing lawsuit for "intentional infliction of emotional distress, If he brings action or makes counterclaims, you may have grounds for attorneys fees, costs and contempt for his making repeated frivolous claims. See am attorney to brainstorm.

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Posted

You can file for unlawful harrasment to try to stop the surveillance and any contact he is having with you or your property. His contacts with local enforcement jurisdictions is more problematic, as generally submitting complaints through normal legal channels does not constitute harrassment. However, if the complaints he is submitting misrepresent the truth and/or slander you you might be able to go after him for that - but that require that you get the help of an attorney. In addition, consider discussing this situation with the enforcement agencies. They do not have an obligation to enforce when they know that the complainant is simply using thier process for harrassment and that there is no basis for the complaint. Develop a good relation with these agencies, and ask them if there is anything they can do to reduce the impact on you.

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