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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  25 years of experience in general practice, real estate law and estate law.
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have a neighbor who is getting just plain ugly. i moved into

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have a neighbor who is getting just plain ugly. i moved into my house 2 years ago and she has been calling animal control or the code enforcement officer about my dogs since the day i moved in. they are well behaved dogs and closely monitored but they do occasionally bark but never for prolonged period and never into the night. there has been the occasional bolt after a squirrel and into her yard, in which case i have immediately retrieved the animal by voice command (no trespassing on her yard) and ensured no damage occurred. i had a cat that had kittens under my porch. they meowed ever so softly, but it was indeed audible to the astute ear. one day the mother and kittens disappeared entirely while i was at work. it broke my child's heart. we had a storm that broke a limb of a large tree in my backyard. i had three different "tree guys" come and look at it. i was told that the position of the broXXXXX XXXXXmb, firmly lodged in a crotch of the tree, is highly unlikely to be dislodged by further high winds. i elected to leave it there instead of spending the $2000 i was quoted to have it removed. she left me a nasty note about how i should have the tree limb removed. well, so far i have ignored her and put up with the letters from the code enforcement officer about the barking dogs, who actually don't really bark very much at all, the regular visits from the animal control officers who ask me every single time if the dogs are licensed, which they are, the occasional notes informing me of my responsibilities. she is batsh!! crazy and i am not, so i have preferred not to engage in a neighbor war, just try to be careful and considerate with the dogs, don't have loud parties, don't play loud music, don't go near her yard, don't complain about anything.

I have not complained that she mows her lawn and uses the leafblower sometimes until after 11 pm. i have not complained that she prowls her yard blowing an airhorn repeatedly; it appears she is blowing the airhorn at bugs. However, recently matters have escalated. about six weeks ago my neice parked in front of her house and a front tire touched a bit of the neighbor's lawn. she came over like a maniac, frightening my 13 year old son, and demanding the car be moved. my niece very politely moved the car, as was reasonable. after the car was moved and my neighbor was back on her own property, she began yelling obscenities at my niece and about me and my family. i went to the town court and asked a police officer to inform her she is not permitted to come to my door in a threatening manner and not permitted to scream obscenities at my family members. he did so.
last week i found a baggie full of feces tossed over into my back yard. guess what, it wasn't even dog feces. at first i thought her point might be to inform me one of my dogs did it, but, and i am not a professional scatologist, i am able to identify whether material falls into the category of dog sh!! or not dogsh!!. i don't know if some other animal, some animal over which i certainly have no control, may have defecated in her yard and she decided to attribute it to one of my animals, or what-i really shudder to think it may have been her own-so this time i called the police. i take it as harrassment to have feces delivered to my property.
now her game is on. she has been advised by the police twice now that her actions are inappropriate so she's ramping up her campaign. she's been standing on a ladder and taking pics of my house. she yells over here that she's got cameras and everything we do is on videotape. she's escalating the animal control calls. they are just tired of it, but they have to answer every call. today they issued a ticket for a groundless accusation that i'll just have to go burn my valuable time to prove never occurred.
today i called community mediation and they will be sending her a letter inviting her to mediation with me. yeah, i know, i don't hold out much hope for it but i thought it would be strategic to show that i asked.
so, dear Ely, i read your resolved question relating to neighbor harrassment and i'm thinking maybe i need one of those cease and desist letters. it's not a problem to do that, but now i'm thinking, should i wait til she refuses mediation or should i swoop right in there with that letter now. they're not really mutually exclusive, are they? i think maybe that would be a good one-two punch, one soft one and one harder one. then the fact is i am going to have to sue the b*#@! for disturbing my effing peace and quiet and making me feel uncomfortable about what's next for me and my child. so yes, there was a question in all that. question being not to ask your legal advice and not to form an attorney client relationship but for general advice from another human on the planet, what would you do if this creature was your neighbor? yes, i own my home and no i aint moving. thanks for your kind attention.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

Do you want to wait for Ely or work with another attorney?
Customer: replied 1 year ago.


i do not have a preference for any particular individual; i was merely addressing the individual pictured on the screen at the time i wrote the question. i am happy to have the assistance of any or all resources and i welcome your response.

Expert:  Attyadvisor replied 1 year ago.

Great. It will be my pleasure to work with you.


Your neighbor sounds like she needs a psychiatric evaluation.

You can file certainly write a cease and desist letter and let the neighbor know that if this harassing behavior continues you will file an injunction against her. This is also a situation where you may wish to file criminal charges.

This sounds as though it may be to the level of N.Y. Penal Code 240.26 Harassment in the second degreehttp://www.lawserver.com/law/state/new-york/ny-laws/ny_penal_law_240-26

You can certainly take both the mediation and the cease and desist path at the same time.

This sounds as though it may be to the level of N.Y. Penal Code 240.26 Harassment in the second degreehttp://www.lawserver.com/law/state/new-york/ny-laws/ny_penal_law_240-26

This is a link for a sample cease and desist letter.

http://www.rocketlawyer.com/form/cease-and-desist-letter.rl

Please feel free to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3868
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.

Thank you. There appears to be some technical issues with editing. I apologize for the double post of the criminal code.

Customer: replied 1 year ago.

no problem- glitch happens. thanks again.

Expert:  Attyadvisor replied 1 year ago.
You are most welcome. Good luck with your neighbor!

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