Expert: Mark C. Robins - 1/20/2009

Question
Hi Mr Robbins, I have bought my first house almost 2 years ago, and when we moved in, we knew they were not-lets say, the neatest, or at all well off. We have learned that they have 8 kids! decent enough in small doses. But small doses we have never received. At first they just ran and played all over my front lawn and All of them and more of their friends "hang out" on  my driveway and carport. We are on the corner of a crescent, and of course can't expect total compliance with the no trespassing from children ranging from at the time 4 to 14. This has then grown to driving their "big wheels" around my car in my carport, intermittently smashing the big wheel into either the exterior walls, and no longer owned vehicle. Many times over we have asked each and almost every single child nicely at first to stay off our property; That niceness slightly reduced with each request that seems to fall on vacant ears. I have spoken with the father a couple times at least requesting the same. That his children refrain from using our driveway, carport as their personal playground. Instead of this more recently they have been running, jaunting, strolling across my front lawn and sidewalk that if flush with my front window at the front of my house. I have asked them and asked them and then told them that they are not allowed to go across my lawn or sidewalk to their friends place, one house across. There has been a few calls made to local bylaw control regarding their may illegal dogs from unknown individuals. They do have anywhere from 5 to 10 dogs at any given time. Almost one per child. Regardless of who placed the calls, the wife thinks that a friend that visits us has called and after a visit from a bylaw officer, I came home one evening and was greeted by the wife from the front window scowling and stewing on the "wrong" that has been done to her. I queried why she was glaring at me and she started by saying, "you know, we've always been nice to you...." it was continued with "every time your friend comes over a call is made..." after that I could not hear because I was inside my vehicle and only saw the cupping of hands to the mouth and open mouth yelling, with a few "f" words in the mix. Let me clarify my actions here by explaining a little of her
character. I knew my err was opening my mouth in the first place, but after she said that they had always been nice to us, I was tapped. How can she even think this when they have been the complete opposite. Allowing the constant trespass from their many children. After a previous call to the same a slew of insults and random rants like "I wish people would mind their own business, we are going top have to kill our dog", were launched over the fence separating the properties. Being insulted at any given opportunity by their children, for example, any appearance we make stepping out of our doors we are barraged with high school girl insults like
"butthole"(the 8 year old), "penis"(the 13 year old), and taunts such as, I'm going to walk across your lawn(also the 13 year old, showing off for friends). It could be a screeching saxophone(practising.., but not really), or a huge belch, I would be embarrassed of with it followed by" that was for you"(meaning us, both from the 13 years old). The wife calling her kids, rampant and terrorising the neighbourhood, yells from her from window, to her eight kids, almost individually, and repeatedly. Almost always followed by "NNOOOWWWW!" . From inside the house at any given time she can be heard bellowing to any of her 8 children about what they didn't do, what they should have done and the list would never end. She seems like a person that complains and likes to! But we are not talking about reprimanding your kids, as we all do, but, full on yelling at your least liked person, when you are at the bar. "f" bombs dropping left right and center. The fact remains that these are CHILDREN! 5 to 14 years old now! On a few occasions we have had eggs thrown at our house and vehicles. Most recently at our brand new rental vehicle(luckily it came short), toys batted over the fence, random incursions into the fenced backyard, smashed coffee pot dropped over the fence.

Now, some things can be overlooked, but any smashing of glass in my backyard cannot and will not be tolerated, especially with a 3 year old playing in his own backyard. Every now and then I'll hear the taunting of my son from across the fence. Needless to say, I don't let him play with the kids for their lack of scruples, manners, hygiene and so forth. My son is a very social person, very outgoing and wants to play with any and all children. Because of our proximity to eight of them, he at any mention of his own name will come running, expecting to play, but he is only teased and taunted through the fence. Even the kids calling his name is a taunt. I had mentioned hygiene, in reference to the kids, but not just limited to the kids; The entire property is not just an eyesore but a cyst of the neighbourhood. We aren't just speaking of derelict vehicles filled with so much garbage. That inclusive and in addition, random appliances, larger and smaller pieces of junk and furniture that go through some sort of rotation, as some piles leave and more get dropped off. In our small pile of yard waste in the fall, we found the body of a dead guinea pig. Only guessing it was our neighbours, as they had one, but no longer do.

These people have been evicted, fought it in court and won! The
landlord(yes these people are renters!) has knocked on OUR door and asked us not to be alarmed because the police would escort them of his premesis the following day. And...nothing happens. The landlord has a fistful of paperwork, showing past due rent. He told us about $4000. He even wanted to take possession of his own property, but did not have sufficient or the correct papers in place.

I apologise for my ranting of grievances, but I have left this to the size of a short story rather than give you the whole novel in one sitting. Needless to say I am at my wits end, the stress I go through just thinking about going home gives me knots and quite possibly in the near future ulcers. These people in my opinion are quite possibly the worst human beings I have and will ever encounter(hopefully) I am at my wits end! I have had enough! I can't do anything because these are children and her minions!
If the eggs this morning(January 20th, 2009) had not missed the BRAND NEW rental vehicle, I would not be requesting legal advice but rather filing a lawsuit.

I have yet to speak with a friend who is RCMP to determine my rights, but I know they are being violated. Am I not entiled legally to peacefully enjoy my own property?

I would appreciate any assitance you can offer.  

Answer
we are entitled to "quiet enjoyment of our home" and there are many laws and by laws that can be brought to bear on those who breach this.
you should certainly file complaints with the police as well as your local by law enforcement, and your city hall.
you may want to consult with a lawyer as well
you can get a referral at
www.lawyerlocaate.ca