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Vandalism or Civil Matter
I'm not a lawyer but I feel it's definitely a matter for the courts, not the police, unless he's clearly threatening bodily harm on your family.
I have a nextdoor neighbor like this who was out of control. I finally confronted him. He didn't say anything then but a week later he had reported me to every authority he could think of (all falsely) plus tried to get the other neighbors on "his side". We stopped speaking for awhile. I invested in some really tall bamboo and other boundry trees (bamboo is great for blocking off bad neighbors!). He's also on a tiny 2ac lot close to the prop line & I'm on 15ac. Some people are so strange sometimes?!
If you sue, you *might* be able to include your legal fees in the settlement; ask your lawyer. To pursure it in the courts, your first step is to document that you informed him of his "mistake". I'd send him a short, polite note via Certified Mail explaining it as a "misunderstanding" and ask he removes his topsoil from your fence at his earliest convenience. If cleanup/repair costs are under $5000 (amount depends on your state) you could file in Small Claims without a laywer. But realise even if you win a lawsuit, he'll still be a total jerk and will just find something different to mess with you.
In the end you have to pick your battles. Winning a court case won't make him a nice person. He may even get worse and you'll find yourself keeping belongings, pets, and kids locked away inside where nothing can "disappear". Police will not be helpful unless you can *prove* he's harassing, vandalising, or threatening you... and by then your tractor was spraypainted and your dog is missing.
In the long run maybe it would be better to try to make the peace with this jerk; ask him why he's doing it and what he wants, and try to appease him? (I know he's a jerk but in the long run this option may be better than a big feud) Or forget the legal stuff; just rebuild a better fence he can't wreck plus more trees to insulate you from him and write off the cost as just part of owning property too close to other people?
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Vandalism or Civil Matter
It's good you're keeping records. The only thing I wanted to add is that you may need to add "video survelliance" signs (depending on state laws and where the camera is pointed)... otherwise the courts may make the videos inadmissable in court since you're violating his "privacy". Just a thought.
Hang in there. Maybe he'll find someone new to taunt when he sees he can't get a rise out of you. Best of luck!
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05-29-2005, 08:42 
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