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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102504
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Bullying trespassing and harassment by neighbors with

Customer Question

bullying trespassing and harassment by neighbors with destruction to home on constant basis. new door and jam stairs removed by them and had to be repaired tapping my phone breaking and entering on constant basis and total and complete harassment using well by cementing using clay and sand and screws and nails and much more to manipulate a well I had turned off cemented all sprinkler heads. draining cold water in my yard where sick dog has to walk and west neck will not help me and I have adt and records each time rocks thrown at home plus had to put in a partial new roof from rock throwing. bulldozed through my yard never replacing my sod and breaking sprinkler heads.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year 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, K. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, the neighbors may be liable for the following:

NEGLIGENCE PER SE - a violation of criminal laws, such as trespassing and assault and battery.

ASSAULT / BATTERY - Assault is threat of a bodily harm, and battery is actual physical impact.

NUISANCE - a violation of use and enjoyment of land by you, due to their actions. he phrase "use and enjoyment of land" is broad. It comprehends the pleasure, comfort and enjoyment that a person normally derives from the occupancy of land. Freedom from discomfort and annoyance while using land, which inevitably involves an element of personal tastes and sensibilities, is often as important to a person as freedom from physical interruption with use of the land itself. The discomfort and annoyance must, however, be significant and of a kind that would be suffered by a normal person in the community. See generally Restatement (Second) of Torts §§ 821D and 821F (1977), with comments.

However, your Association (or landlord?) does not have to help you with neighbor issues, I am afraid. Even if the neighbors are violating community rules, the Association or landlord has discretion whether to impose punishment or not. The final matter lies with civil court (see above). One can get an injunction, as well as punitive damages maybe.

Finally, if you have not called the police on the rock throwing and the assault/battery, consider doing so. The authorities may actually decide o criminally charge them, and one could still bring a civil lawsuit as well.

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.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!