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I have new neighbors who moved in winter before this one.

Customer Question
I have new neighbors...

I have new neighbors who moved in winter before this one. Since then we have had a lot of disputes, ve had to contact my village code enforcement and police to settle these disputes. They leave their dog outside for hours when they go away, so the dog is always barking. I had to report them and as a result they were told they could not do this, so they find ways around this and still leave the dog out. They put up a basket ball hoop for their kids and faced it toward my house, so the ball was always coming in our yard and hitting my fence. They entered my property without my consent to get the ball and my sister just happen to catch them. We would get the fence banged up and then in our yard all the time, so we took the ball and threw it out. In response they started piling all their garbage against my fence. I put up a private fence sign letting them know that they could no use my fence and they tore it off, so I put it back up. I feel with all these problems and that the husband knows he is dealing with two senior citizens, he can do what he wants. But I also know I am on medication for migraines and anxiety and we will end up in a physical altercation. I want to know what steps I can take in an attempt to prevent a physical altercation, but if one does come up and we get in a fight besides calling the police can I sue them

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No

Lawyer's Assistant: Where is the house located?

I am at***** Valley Stream, NY 11580. They are at*****

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They purposely run their cars loud , like at 4:30 am and when they come and go anywhere and when they come home from work because we had to report them for playing their music too loud

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/20/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. This appears to be a trespass to land if they, their children, their balls, or their dog come onto your land without your consent. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

You may want to consider just writing a cease and desist letter advising the other parties that they are not allowed on your land or else you would take them to small claims. There’s a site that I’ve used in the past where you can find a good template cease and desist letter (click here). Lawyers use letters like these often to enforce their client’s rights. It only costs $10 and it is way cheaper than litigation. How else can I help you today?

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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.

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