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My 84 year old mother is being harassed by a next door

My 84 year old mother...
My 84 year old mother is being harassed by a next door neighbor who is illegally building on their property. They come on her property and yell expletives at her and it is causing her already poor health to decline due to the stress. What's the best way to handle this? Should we call the police? Get a restraining order? Other options?
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Customer reply replied 4 months ago
This is a recurring issues with this neighbor so my mother is being harassed.
Answered in 14 hours by:
3/14/2018
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,872
Experience: 30 Years In General Practice,
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. Can you tell me the State that your question pertains to?

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Customer reply replied 4 months ago
She is located in California. This is not a one time event as she is being frequently harassed by this neighbor who is trying to do illegal improvements on their property and who tried to seize part of my mom's property by relocating the property line. We stopped them in court, but they have been harassing her ever since.

Thank you very much for the clarification.

There is legal frustration with these matters. If it was anyone aside from a neighbor the police would get involved. For some reason a neighbor can trespass, make illegal improvements on your mother's land and this is a civil matter.

The way we handle this as Attorneys is to file a restraining against harassment against the neighbor(s) and/or file an injunction against the neighbor(s). The injunction is a court order wherein the court orders the neighbor to cease and desist their actions or be held in contempt of court.

Which county is your mom located in so I can provide a link for local Attorneys that provide FREE consultations in her area?

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Customer reply replied 4 months ago
San Diego county

Thank you. One moment please.

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This is the packet for filing a civil restraining order against harassment http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CIVILFORMS/PKT002A.PDF

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When a neighbor trespasses and makes improvements on the real property of another this falls under the California Law of Nuisance. You would file an injunction against the neighbor. This is a "private nuisance" action.

"The Law of Nuisance

Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors...

There are two basic types of nuisance suits. These are private and public nuisance actions. A private nuisance means there has been a loss of the use or enjoyment of property without an actual physical invasion of that property. An action for a physical invasion of property is known as a trespass action...

No matter what the type of nuisance, to be subject to injunctive relief, the interference with the property must be substantial and continuous. Relief that is injunctive in nature generally requires the defendant to take some specific actions to minimize the negative effect of its operations on the plaintiff, from limiting the hours of the action to placing an all out prohibition on the negative action. In constructing its relief, however, most courts will attempt to balance the relative hardships to both of the parties involved in the action..." http://realestate.findlaw.com/neighbors/property-rights-my-neighbor-is-a-nuisance.html

http://realestate.findlaw.com/neighbors/property-rights-my-neighbor-is-a-nuisance.html

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I am also going to provide a link for local Attorneys that provide FREE consultations in the area to assist you mother if this becomes necessary. I am very sorry that she is going through this with her neighbors. Sadly this is not uncommon.

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http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/san-diego-county/california

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Please do not hesitate 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.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Customer reply replied 4 months ago
Can I please clarify your answer. They are trying to do illegal construction on their own property. They are no longer attempting to take my mom's property. What they are doing is continually yelling insults and swearing at her which this 84 year old woman finds very disturbing and is causing her already fragile health to deteriorate. So would she file a private nuisance lawsuit for this? Just need some clarification.

Thank you for the clarification.

"So would she file a private nuisance lawsuit for this? Just need some clarification." Yes.

If this is on their property this is also a nuisance. Provided it is disturbing your mother it is a private nuisance if it is occurring on their property or her property.

You can also file for an order of protection against them. They can also be charged with elder abuse if law enforcement would be willing to assist.

If this illegal have you contacted code enforcement?

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"ARTICLE 2. Definitions [15610 - 15610.70]

15610.07.

(a) “Abuse of an elder or a dependent adult” means any of the following:

(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

(3) Financial abuse, as defined in Section 15610.30.

(b) This section shall become operative on July 1, 2016.

(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 285, Sec. 2. (SB 196) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)" https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=15610.07.

Attorney2
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Experience: 30 Years In General Practice,
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Thank you. This may also be helpful:

"Property owners have a right to the enjoyment and use of their land. In the event that another party interferes with that right -- for instance, a neighbor regularly plays his music at maximum volume late at night -- a property owner can sue the interfering party. If the intrusion is physical, a property owner may be able to sue under the legal theory of trespass. In the event that trespass laws do not apply, but there is still interference, a property owner may be able to sue under the theory of private nuisance...

a plaintiff must typically prove the following elements:

  1. The plaintiff owns the land or has the right to possess it;
  2. The defendant actually acted in a way that interferes with the plaintiff's enjoyment and use of his or her property; and
  3. The defendant's interference was substantial and unreasonable." http://injury.findlaw.com/torts-and-personal-injuries/private-nuisance.html
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