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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Ive lived in my home yrs. A few months ago someone bought

Customer Question

Ive lived in my home for 15 yrs. A few months ago someone bought the property next door that was in foreclosure. He is fixing it up to sell it. I came home from work to find out he had taken down a 60ft portion of my chain link fence. He claims he didnt realize it was my fence (which wraps around my whole back yard). He asked if I had a survey which I did and immediately show him and it also showed that chain link inside my property. the back section that was not completely taken down was left open and unsecured....I have two big dogs that could have gotten out if I did not notice. He asked what I wanted I told him I wanted my fence put back...he said that wasnt going to happen. I called the police. Its a civil issue. I was originally going to take him to small claims. But since this has happened I received a complaint on my dogs from animal services about excessive barking. Two days ago I went down to code compliance and found out there was a complaint on my property....parking a trailer and lawn mower and car in front yard along with storage and garbage in my front yard. The report said the parking of the trailer and lawn mower was along an approve area along the house will monitor storage and garbage. All of these are lies. Do you think its best that I get an attorney. I feel his actions are criminal
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

First of all, this is a civil action, not criminal. This is why the police declined to investigate. He did not trespass with malicious intent. This was an actual accident, and the civil court would decide. You can sue him for civil trespass, interference with chattel (interference with possession of items), and civil nuisance. However, you would have to bring this in civil court, not criminal.

It seems that he may be attempting to get leverage, revenge, or both, by filing complaints against you for noise and ordinance violation. Unfortunately the authorities have to take each complaint seriously so they will investigate, but if the complaints are groundless, they should be dropped. In addition, you can add "defamation" to the list of causes I listed above, if it is shown that he was the one that filed a complaint which was actually false in nature.

Yes, you may wish to get counsel. Not because you have to, but, because if this neighbor is malicious, he may try to play you using the system. To avoid being entangled, it is best to use an expert to fight back.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.