JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

8 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Arm
  • ,
  • Law
  • ,
  • May
  • ,
  • Bank
  • ,
  • Deal
  • ,
  • Door
  • ,
  • File
  • ,
  • Firm
  • ,
  • Form
  • ,
  • Jail
Bookmark and Share

Question

Do I have grounds to file an intrusion lawsuit (State of Texas) based on neighbor accessing premises next door without permission from owner and climbing up 8-ft privacy fence to spy into my yard. This is not an isolated event; he has been doing this for years to all neighbors. When I confronted him that this was illegal and must stop he said he wasn''''''''''''''''t ON my property, then angrily threatened to have people and family he knows "take me out". His wife also grabbed my arm and threatened to punch me in the nose. His family is well aware he peeps into neighboring homes and yards protected by privacy fencing. I feel violated and want to ensure he will stop doing this to myself and others.

Thank you for your trouble.

Submitted: 850 days and 10 hours ago.
Category: Legal
Value: $30
Status: CLOSED
+
Read More

Optional Information

Optional Information:
Irving, United States

Already Tried:
speaking to him and letting him know behavior illegal and offensive. That's when he, his wife, and adult children threatened me with bodily harm.

Posted by Ed Johnson 850 days and 9 hours ago.

Answer

Dear cupid,

You have several basis for a law suit and possibley criminal charges. You would need to find a local attorney to help you.

Here is what I see.

1. Intrusion or vioaltions of privacy: You can read more about this at: http://www.attorneytamrawilliams.com/article.jsp?practArea=20&articleIndex=3

2. Communicating a threat by having you taken out.

3. Assault and battery from the wife who grabbed your arm.

4. Your neigbor has the right to charge for trespass.

 

850 days and 9 hours ago.

Reply

I had not made a police report after the incident, thinking if I spoke to him privately it would cease and because he claimed he had no idea it was offensive. The property he entered is under foreclosure so I don't know that the bank will take any action regarding trespass.

However, I am concerned whether I now file a police complaint both for the intrusion as well as the wife's actions and threats of harm while I go about interviewing a lawyer?

Accepted Answer

Dear cupid,

You should report the trespassing to the bank. They cannot do anything if you do not tell them and they do not know about it. They may or may not do anything, but they need to know about it. You may also have a lawsuit against the bank because they are not taking measures to protect the property from trespass and it is being used to conduct illegal activity...i.e. violations of privacy.

When you state that he said he did not know he was being intrusive or offensive, it makes it sound like he is acknowledging that now it is considered offensive, at least. If he continues to do the behavior it solidifies your right to file suit.

It is a decision you have to make. why don't you seek a restraining order against him and is spouse. this gives you protective orders, that if they violate it, they can go to jail and be fined.

The lawyer is not big deal. Simply go to the yellow pages and pick an attorney form a firm that has at least 2 or more attorneys and practice civil law. You only need about 20 minutes to know for sure if you have a strong case worth pursuing.

Picture
Expert: Ed Johnson
Pos. Feedback: 98.8 %
Accepts: 
Answered: 7/27/2007

Internati&onal HR C&onsultant

GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

+
Read More

Related Legal Questions

  • sexually harrassed at work by someone that actually recommen...
  • i filled my i-751 jointly with my wife and they tran...
  • Yes I admited to stealing some money from a company that i
  • I am interesting in selling bottled water from a under groun...
  • If I had a dog in my possession from Septemer 26, 2007 to Oc...
  • We recieved food from the food bank here in iowa. It was lab...
  • I am a 26 year old male with no prior record at all. I was
  • Under the FDCPA, what is the maximum APR a debt collector ca...



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.