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Roger, Attorney
Category: Legal
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My neighbor moved here from Kurdistan about 9 years ago. She

Customer Question

My neighbor moved here from Kurdistan about 9 years ago. She moved in with one child, at first, and now has 3 young boys that have caused a lot of problems for the retired people that live on our cul-de-sac. There are three families (including myself), who have lived here for over 12 years, and have spent HOURS trying to make our yards attractive. I'm handicapped and the only exercise, and joy I get is working on my lawn and garden. She is a very outspoken Muslim and completely ignores any laws that apply to the rest of us. Including never restraining her children in her vehicle. I had to call the police because they were stealing mail out of our mail boxes. Instead of returning the mail to the residents, she would deny that her children do ANYTHING wrong. Her deceit caused me over $200.00 in late penalties from my bills that didn't get paid on time.
The latest problem with her is, she allows her boys to kick balls on our cul-de-sac, causing them to be kicked onto our property, and damaging our gardens and shrubbery. I don't have a lot of strength, as I have Multiple Sclerosis. and it takes a lot of effort for me to maintain my garden. Yet, every time her children do damage to my property, she tells me I don't have any proof. I couldn't BELIEVE my eyes when I walked out, and found my corn plants mowed down by which was, obviously, a run-away ball.
I called the police and made a report. He said there was nothing I could do about the children playing in the court, (as long as it was at there own risk). I've told the Mother if any ball comes on to my property, I have the right to keep it. The officer assured me I have that right. Yet, the Mother will defy me to stop her when she comes to retrieve the ball. This woman is NOT stable. She cusses like a sailor, and so do her children.
What proof can I show her that if she, (or her children), come on to my property, that she will be subject to arrest? I just don't know what to do. She has told me she has NO RESPECT for her neighbors property and DARES me to do anything about it.
I so need your help,
***** *****
Submitted: 7 months ago.
Category: Legal
Expert:  Roger replied 7 months ago.

Hi Deborah -

My name is ***** ***** I'm licensed in Tennessee. I'll be glad to assist.

Proof that the children are trespassing on and damaging your property can be your testimony alone as long as you actually see them conduct the act. But, if you haven't seen them do this yourself, that's the reason the police aren't taking any action. One of the simplest ways to resolve this is to purchase game cameras/hunting cameras in your yard that take pictures based on motion. Those cameras can be hidden and can allow you to document the actions of these youths.

Expert:  Roger replied 7 months ago.

This would help you prove your claims if you were to file trespassing charges against the children (which should be handled through the youth court system) or civil charges against the mother and children for being a private nuisance, civil trespassing and for a restraining order to keep them away from you and off of your property.

Expert:  Roger replied 7 months ago.

If you need anything further or have any additional questions, please let me know.

Customer: replied 7 months ago.
I'm sorry, I feel you just didn't give me a definitive answer to resolving my problem. It seems there should be away to protect my self and my property without having to have PROOF that I'm being harassed, by people who are a THREAT to my security. I'm an American, born and bred. I'm also a Senior Citizen. I guess the next step is to contact the Senior Citizens Administration.Therefore, I feel my fee for advice should be refunded.***** *****
Expert:  Roger replied 7 months ago.

I understand how you feel, but when you go to court, proof is required. If you can't meet your burden of proof, then the judge will never take action to discipline or stop the activity.

Expert:  Roger replied 7 months ago.

As I said before, your testimony is enough proof to sustain a charge, but the more proof the better.

Expert:  Roger replied 7 months ago.

But, the definitive answer to stop the problem is to get proof of what is going on and then take your neighbors to court to have a judge order them to stop.

Expert:  Roger replied 7 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I receive credit for assisting you.