Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Weve been in a civil suit brought upon us by a neighbor. We

We've been in a civil...
We've been in a civil suit brought upon us by a neighbor. We are defendants, pro se. We are almost to trial. Long story short, they've taken zoomed, invasive photos into our yard for going on 4 years, and have gotten an injunction to have our yard wiped clean.

My husband records the progress he makes via photos and video since they claim nothing is being done. A few evenings ago, both the husband and wife (plaintiffs) were getting out of their pool and saw my spouse with his camera and assumed he was taping them and both shouted, "Your f**ker, turn that f**king camera off you f**king child raper, you want to rape my child don't ya?" They both yelled it a couple times as loud as they could and it was on the video when my spouse came inside.

I am so upset with the lowest blow and deepest.lowest thing someone could say to another person. 1. I thought they weren't supposed to talk to us as they have a lawyer. 2. My spouse has no record and would never think of such and awful thing. 3. Now it makes sense why so many neighbors have turned their heads away when they see us.

So far this has been a civil suit. Much of it has not made sense to us. A neighbor moving in that we never had contact with suing the crap out of us to clean a yard they can't even see. Now we hear this. We know they have talked to neighbors because they say so in the court papers. We have to wonder now if they have accused my spouse of horrible acts like this to the neighbors?

Where do we go from here if at all?? Is this slander?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
7/14/2013
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,444
Experience: Texas Attorney for 30 years dealing in real estate
Verified

RayAnswers :

Thanks for your question and good evening.My sympathy here for your dilemma and situation.

RayAnswers :

Yes if the neighbor here has made false statements to other third parties either orally or in writing this this would be defamation.You would be able to sue and pursue them here for such defamation.

RayAnswers :

Arizona law here allows for the following damages when deliberating a defamation case:



  1. Reputation impairment

  2. Impairment of community standing or future standing

  3. Emotional distress

  4. Humiliation

  5. Inconvenience

  6. Anxiety and future anxiety

  7. Monetary Loss


Punitive damages are also allowed in slander and libel lawsuits.

RayAnswers :

You may want to consider a local lawyer to pursue damages.The lawyer will send a demand letter including cease and desist language.If not resolved you may file suit in this situation.

RayAnswers :

The lawyer here might take this contingent fee so you would not have to pay until there is recovery made on your behalf.

RayAnswers :

Libel is written defamation; slander is defamation by speech or another transitory form..

RayAnswers :

Both can be recoverable in Arizona in a civil suit.

RayAnswers :


In your situation you may bring an action for libel or slander if the comments are so reprehensible and false that they affect your reputation in the community or cast aspersions on you.

RayAnswers :

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

RayAnswers :

Here is lawyer referral for you.

RayAnswers :

Arizona


 









Maricopa County Lawyer Referral Service
Phoenix, AZ
Phone:(NNN) NNN-NNNN
Toll free:(NNN) NNN-NNNN
Counties Served: Maricopa



 


Pima County Bar Association LRS
Tucson, AZ
Phone:(NNN) NNN-NNNN
Counties Served: Pima

RayAnswers :

Thanks again.

RayAnswers :

Reference to defamation.

RayAnswers :

It has been my pleasure to chat here.Let me know if you have more follow up.I hope you will consider pursuing this defamation case.

Customer:

Thank you very much. Are we able to wait till this current situation is complete or do we have to file this now and separately? We have been unable to find a lawyer to take the current situation. I am Christian and have prayed and prayed so much about this at times I feel my faith is at doubt but then I have to believe God has a purpose for this burden we are enduring. So far, it seems that if one has money, you can lie, cheat, perjure yourself and win over someone who tells the truth but can't afford a lawyer. I'm hoping somehow, in the end, a Christian lawyer will cross my path and take this on contingency and right the wrong brought upon an innocent man.

RayAnswers :

You have one year from the date they defamed you.It's pretty short here in Arizona for this kind of suit.

RayAnswers :

Reference.

RayAnswers :

Arizona (AZ) – Libel or slander: 1 year

RayAnswers :

I would give lawyer referral a shot to see if they can locate one for you.

RayAnswers :

Hopefully you can find a defamation lawyer contingent fee.

Customer:

Are you in AZ? Do you know any lawyers who have pro bono time or do contingency? Maybe you are not allowed to say here

RayAnswers :

I am so sorry you have had to go through all of this.

RayAnswers :

I hope you can prevail.

RayAnswers :

Thanks again.If you can leave a positive rating it is much appreciated.

Customer:

I thank you from the bottom of my heart. I have to keep believing the truth will eventually win. I appreciate your time. Thank you for the links and have a good evening.

RayAnswers :

You too.

Customer:

I will leave you an excellent rating

RayAnswers :

Thanks for that too.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,444
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Ray and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,444
43,444 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

43,444 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Neighbor in back is hanging lights on our fence. They did
Neighbor in back is hanging lights on our fence. They did not ask permission to do this and that neighbor told us that she has the right to hang anything on her side of our fence. Is this true?… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
San Francisco, CA. Neighbor's fence is falling apart, and
San Francisco, CA. Neighbor's fence is falling apart, and several branches of their tree are hanging over into my yard. What are my options to correct these two situations? Heard I can hire a contract… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
Neighbors tree cracking my driveway and lifted the concrete
Neighbors tree cracking my driveway and lifted the concrete so rain now flows into my garage and floods it. Can I force them to remove the tree. Are they libel for the damage? Will their insurance lia… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A neighbor filed a complaint against be about easement
a neighbor filed a complaint against be about easement access with the homeowners assoc. in the complaint she proposes a bylaw against intimidation etc. she is implying that i threatened her. is that … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
My neighbor's insurance company is completely denying claim
My neighbor's insurance company is completely denying claim for the damage his sir conditioner has caused my carpet and storage room. I sent me neighbor axdensbd letter. He answers by me having to tal… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Not sure if this is criminal or civil. My neighbor just
Not sure if this is criminal or civil. My neighbor just installed a video camera pointed solely at my backyard from about 1' on his side of a wire fence. Need a lawyer in San Mateo, County, California… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We live in townhouses that were severely damaged by Harvey.
Hi, we live in townhouses that were severely damaged by Harvey. We own in fee simple and are responsible for our own units, walls, roofs, etc. The HOA has basically dissolved. Some of our neighbors ar… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Neighbor claims that our driveway is on her property back in
neighbor claims that our driveway is on her property back in the early to mid 1980's my father had the driveway paved and it appears to be as much as 13" on the neighbors property. she had a surveyor … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have a tree on my property that has damaged a neighbor's
I have a tree on my property that has damaged a neighbor's pipe. We've both gone through our homeowner's insurance (state farm) and filed claims to get things fixed. Both claims were denied - his was … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
Neighbors water leak has caused damage to my property. how
neighbors water leak has caused damage to my property. how do I proceed … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I have an issue with a neighbor who damaged steps of mine
I have an issue with a neighbor who damaged steps of mine because she says they are hers. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
My neighbor damaged my property and they are renters. I
My neighbor damaged my property and they are renters. I don't have the renters names. So I can't file against them for damages. I called the owner and they won't give me their names. Can I sue the own… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Damage from a tree falling from neighbor's property (Hope I
Damage from a tree falling from neighbor's property (Hope I have classified this properly...) The state is Delaware. This is hypothetical, but describes a potential problem. Adjourning property to our… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Am I liable for damages to my neighbor's foundation due to
Am I liable for damages to my neighbor's foundation due to tree roots from my tree which is just a little off of our propery line. He has wanted me to remove this tree for a few years and I had an arb… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My house suffered damage from a fire at my neighbors house,
my house suffered damage from a fire at my neighbors house, it was vacant at the time, and my insurance company tells me the neighbors insurance company has denied any and all claim because there was … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My rental property was damaged by a fire in a neighboring
My rental property was damaged by a fire in a neighboring building. I am facing a few thousand dollars in repairs that will be out of pocket because of my policy's deductible. When I address the neigh… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x