Expert: Jack Toomey - 5/16/2008

Question
QUESTION: I have neighbors that have built a huge climbing wall right next to my fence.  Because I have dared to inquire about the legality of this structure, and because I have chosen to put privacy slats up to hide this "eyesore," they routinely come out and try to intimidate me and harass me verbally when I am in my own backyard.  They will not be outside until they see me working back there and then come up right to the back fence and stare at me or say rude things about me to their children.  What can I do to convince them to cease and desist?  Or do I have any legal recourse?

ANSWER: Have you talked to the police in your town to determine if these people are committing a crime?  If so what was the result?  Every state has laws that cover harrassment and disorderly conduct but the criteria for making it a crime would obviously differ from state to state.  It would seem to me that the police would be the first people to talk to.

My second solution would be to simply talk to the people and ask them to stop talking to you and to stop staring through your fence.

If all else fails then you have a civil solution where you would sue the people in civil court for a multitude of reasons.  If you have no legal training you would probably need an attorney although I have seem some neighborhood spats get settled by mediation after a lawsuit is filed.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your reply.  I have spoken with local authorities and they say the harassment must be taped or auditorially recorded in some fashion.  I would take a video camera out back with me, but I feel that would escalate things.  I have spoken with the neighbor and they continue to ignore my request.  I think what really bothers them is that I have remained silent and just carry on with my business!

Answer
See that is the problem with trying to answer questions when the law differs so significantly in each state.  In MY state there is no statuatory requirement to video tape anything.  All that is needed is proof, and a victims testimony is proof, that someone is made to feel uncomfortable by following, cursing, yelling, walking behind, and/or repeated conduct of these and many other things.  I guess that you will have to either take it to civil court and sue them or to ignore it and maybe it will go away.