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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37790
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Built a privacy fence, according to code with local laws.

Customer Question

Built a privacy fence, according to code with local laws. The reason for building the fence was to deter my husbands sibling from continually walking on our property and continued trespassing.So. to also avoid her objections to the fence
( both siblings have been in succession for 3 years, going on year 4) we built the fence on our side of the property line. Our properties are joined with a common entrance. Now, the fence looks great.
However, since the sibling shows no restraint in revenge, the sibling has thrown large heavy bags up agains the fence, has old plywood leaning on the fence and has heavy large tires stacked up against the fence.
What can we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The fact that the fence is built, not on the property line, but on your side of the property, means that for her to touch the fence, be it by hand or object, she must necessarily trespass onto your property. This is a civil violation of your property rights as well as a crime and you have two avenues of approach to deal with this.

I might suggest that you begin filing police reports for trespass and criminal mischief. Here is a link explain the crime of mischief: http://www.criminalpropertydamage.com/louisiana/

You may also institute a civil suit for civil trespass as well as for any damage that she might happen to do to the fence. The claim for civil trespass is worth money, even if there is no actual harm done. The harm is presumed in a trespass based on her violation of your right of possession of your property. Here is a link to a discussion of this cause of action under Louisiana law: http://www.lawguru.com/legal-questions/louisiana-civil-rights-law/trespasses-difference-civil-trespass-criminal-848156559/

Finally, under Louisiana law, you and your husband may apply for a court ordered injunction against his sister for the acts of harassment that she continues to perpetrate against the two of you. Here is a discussion of this option: http://www.mahalo.com/how-to-get-a-restraining-order-in-louisiana/

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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