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Vandalism or Civil Matter
ncrunch32:
Be careful, this guy is going to keep doing what he is, until you loose you cool. He is trying to get you to do something illegal so he can get the law after you. It appears the law is on his side or weak enough in your area to not make an end to it.
Make sure your complaints get documented and that you have a series of witnesses on your side. He may not be as dumb as he looks or acts.
What is the direction of prevailing winds? A nice load of pig sxxt to enhance your wife's garden or flower bed can do wonders... if you get my drift! Sounds like you have a rural setting where this is within your legal rights.
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Vandalism or Civil Matter
Ann, I think you've over-looked a few facts in the case at hand, as well as the one I related.
First, damages are probably the easiest (read cheapest) legal matter to persue. My land, your dirt, my estimate, your cheque, PERIOD.
Secondly, a golf course is not a company without feeling, a corporate monster not afraid of losing sleep. It is a mundane, quiet business that depends on public sentiment for it's very existance, it cannot afford to have a 'black eye' in the community. It is the sort of business that is purely in the 'not required' category of life, for most people anyways. A golf course with a bad reputation in the community is one without customers. I have seen, and worked on, many a course after they went bankrupt and changed hands because the owner and/or manager was jerk and people stopped going there.
My point was purely one of simple logic, the best way to get someone to stop doing something is to make them WANT to stop, or NOT do it in the first place.
That is how our entire legal system works, do something wrong, you will get punished. If you don't want punsihment don't do anything wrong.
Jerks like this don't quite understand the system, kind of like a puppy that is not yet house-broken. Just like a puppy, a few stern reminders usually gets the point across. As with dogs, peer pressure works even faster with people. When this jerk's wife gets wind of a potential lawsuit and all the expenses I'd be willing to bet she puts some real 'peer pressure' on him to sharpen up. If not, he will have some 'financial lessons' to learn.
Most people will readily take a lot of grief, and maybe a poke in the nose or worse pretty much in stride, but a hit in the wallet really seems to get their attention.
Best of luck.
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Vandalism or Civil Matter
Yooper - I agree that this is his game (try to make me do something illegal). I made the mistake of saying something to him when he previously pushed brush and a burn barrel up against my fence. I guess he figured he'd get a larger reaction from me by piling dirt on the fence.
By my nature, I will not lose my cool. I am not a physical type but I do get angry when I see this stuff happen. I stay on my own property and I follow the law. I try to only use my property as necessary and not to annoy him. The problem is that I am always working on my property to make the place look nicer. My mere presence makes these people angry beyond belief. Also, the fact that his methods generally are not working with me is making him more angry day by day.
The question is how much more damage do I have to sustain with the cops continuing to tell me this is a civil matter?
Will he continue to dump dirt on my fence or "accidentally" start ramming through the fence into my newly planted trees?
I can't believe that people can dump dirt on your fence and then the cops tell you that mediation is the best course of action. I am supposed to make some sort of concession after people begin acting aggressively towards me?
That's why I will persue Murf's recommendations. It will take a while to get estimates, lawyers letter, etc. But I think when my family attorney visits the house and gets wind of this he will know how best to proceed. I do think that this guys is sensitive to cash outflow. Even if I never collect any money (a strong possibility) this guy has been studying the fence lately and I think he knows he might have stretched the limits here.
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Vandalism or Civil Matter
ncrunch32, have you ever read any of george hayduke's books, just go to this web site to check it out http://www.campusi.com/author_George_Hayduke.htm
It is for entertainment purposes only but the books are well worth the entertainment. I read one years ago. I pity the bad neighbor to this guy. It is usually the guy with the most to lose that gets put in the pinch, so maybe you could try the friendly Ann routine for public display and then make his life a miserable hell behind the scenes and where he will not likely blame you for his misfortune. If he does not know which fly bit him, he will not know which one to swat.
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Vandalism or Civil Matter
Denwood - Ha Ha! I saw the website which triggered my wife to retrieve the book "The Art of Getting Even" by Gary Brodsky. My book is maybe a little more comical - I should look into your author more closely.
Anyway - I continue to not retaliate, I have just left the dirt hanging on the fence. I spoke with my family attorney, he recommends I just keep recording events with my security camera and maybe get some audio when the guy taunts me. (I had told the neighbor I have 24 hour taped surveillance but I'm not sure he believes me since I have never given anyone my tapes.)
The lawyer recommends I NOT go for the police version of mediation since there I have no need to mediate anything. Getting public officials involved is a bad idea, I will continue to be a law abiding citizen and just watch and wait for this guy to really screw up.
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Vandalism or Civil Matter
I found this thread to be fascinating. It sucks to have a nice place that you love but only to have a real jerk neighbor. I agree with those who suggest taking the high road and not retaliating against his property. Now retaliating by submitting a bill/quote for fixing the blatent vandalism done with the dirt is a whole different manner. I personnaly like that option and would lean towards it myself.
But document everything. Keep records and make sure you are in the right. This guy does have connections so make sure you are in the right.
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Vandalism or Civil Matter
Iowafun - what's really fascinating is that the police chief promised they would document these incidents on the police log (even told us that he told the neighbor he would document this stuff). My wife went down to the station yesterday to get a copy of the police log and there was nothing there about the dirt or antifreeze (2 separate incidents and pretty important to have on record).
Seems that someone is looking out for this guy. We have to sign a freedom of information document and wait 30 days to pull a log of anything they reported on us. I am afraid there will be things on the log I didn't do, and many things I reported that are missing. All of a sudden I am envisioning being handcuffed someday for no reason.
Maybe I am just getting paranoid.
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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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Vandalism or Civil Matter
If you are concerned about keeping the record straight be sure your video system records any police visits and have any officer present sign and write down his badge number on a 'visitor log' of your own.
It may be enough to rattle a few chains.
Best of luck.
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Vandalism or Civil Matter
I agree with iowafan, retaliating isn't the way to go.
A good friend of mine had/has a very similar problem with his neighbor. Mostly malicious destruction and threats. My friend did the documented police visits and video surveillance. He took him to court and the judge agreed the guy was in the wrong and a basic jerk, but only told him to stop and said they should try to work it out. He got lucky though; the jerk was found dead in a known drug house a few weeks later. Now unfortunately his kids, about 10 and 14 are starting the same crap their father did. My friends house is now up for sale.
I sure hope your situation turns out better!
Good luck.
David
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05-31-2005, 08:41 
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