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Neighbor wars

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prelude

Junior Member
What is the name of your state (only U.S. law)? sc
I live in a condo 2nd story and am a homeowner. This is a very long story and I'm writing it here, because i can't seem to get any call backs from local parallegal's I've stated my case too. A year ago I had befriended my neighbor directly below ,,, {this is a 3 story complex we're in the middle }my family made the mistake of hiring her as my mothers nurse, a few months later she was let go and that's when the troubles started. Shortly thereafter we had a pipe burst just an accident,,, and her complaining to the manager and blaming us on every little thing {started before the burst and after,} of course insurance took care of everything. A few months later, after lots of bs complaints to management to were they aren't taking any more complaints from her, we get two visits from the police,,,she called and then later told the police we were running a methane lab on our outside very public patio for everyone to see. Isn't this liable and slanderous and lying to the police? We feel we satisfyed the invesetigation and that the police do not believe this. We also feel she is invading our privacy,. I sure would appreciate any good advice on this situation and thanks for the read. It's obvious her hatred and obvious vendetta against us has made her very obsessive, and vindictive towards us. We're afraid of what she will do next.
 
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swalsh411

Senior Member
What the heck is a "methane lap" and why do you think the police believe you've got one? If they had any evidence you truly were running a meth lab they would be back with a warrant.

How and why do you feel she is invading your privacy?
 

xylene

Senior Member
Methane doesn't smell - they add the odor.

You should consider calling a lawyer to get a retaining order.

Vandalism, and phony police reports are extremely serious

Falsely alleging criminal activity, in general, but especially to the police is a serious, possibly criminal matter to which you need to respond aggressively.

The seriousness of this situation does not hinge on if the police believe her allegations as swalsh411.

She is accusing you, reporting you in fact, of serious and odious criminality - that forms the basis of a civil tort and criminal action
 

prelude

Junior Member
sorry lap was typo i meant lab,,in our state we need two police reports to get in front of the magistrate for any type of restraining order over the phone the magistrate says shes not doing anything to me,,,ya right,,,not to imagine the emotional stress over all of this, i'm trying to go for harssament charges,,,we have one report and i'm waiting on a call back to get the first visit from the police documented ,which it is not at this time i don't understand why it isn't .As stated earlier, I've been calling lawyers and talking to parralegals and i'm not even getting call backs to find out if I may or may not have a case here. I have heard this term before "civil tort' what exactly does it mean? Invasion of privacy,,, sending the police two times in one week,,,2ndly all the complaints to our condo management here and there calls over this and that its just crazy plz forgive my spelling
 
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xylene

Senior Member
sorry lap was typo i meant lab,,in our state we need two police reports to get in front of the magistrate for any type of restraining order over the phone the magistrate says shes not doing anything to me,,,ya right,,,not to imagine the emotional stress over all of this, i'm trying to go for harssament charges,,,we have one report and i'm waiting ona call back to get the first visit from the police documented ,which it is not at this time i don't understand why it isnt .As stated earlier, I've been calling lawyers and talking to parralegals and i'm not even getting call backs if I have a case. I have heard this term before "civil tort' what exactly does it mean?
civil tort just means a wrong that you can sue for.

You need to call again.

You need a lawyer, but that does not mean they will work on a fee contingent basis, and certainly not for free.

Fishing for what to do over the phone is looking for free work.

Be prepared to pay.

Don't call the magistrate or do anything else to muddy the water. Legal matters are not handled by the telephone. You don't call and ask, you have to file paperwork with the court.
 

prelude

Junior Member
2nd complaint was methane lab my boyfriend makes jewerly on my patio which we have given her some before in the past and the neighbors and the management, she just took the smells from that as an excuse to call the police on us.
 
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Shadowbunny

Queen of the Not-Rights
2nd complaint was methane lab my boyfriend makes jewerly on my patio which we have given her some before in the past and the neighbors and the management, she just took the smells from that as an excuse to call the police on us.
Ummmm... prelude? METHANE is natural gas. Like a fart. You're being accused of running a METHAMPHETIME lab. Big difference.
 

prelude

Junior Member
thanks for the correction shows you how much I really know about this lol
 
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quincy

Senior Member
A correction to what Xylene said earlier: A complaint made to the police generally cannot be used as the basis for a lawsuit.

Statements made in police complaints (and to CPS) are not considered true or false statements. They require investigation to determine their truth or falsity. It is better to look at complaints, not as accusations of crimes, but as "questions" which the police will "answer."

Even if an investigation shows that the complaint has no merit (that there is no "crime"), it would take proof that the complainant made the orginal report with an intent to cause injury and with the knowledge that what was being reported was false. Without proof of actual malice, there is no legal action that can arise from a complaint itself.

Because actual malice goes to the mindset of the person making a statement, it is extremely difficult to prove. Because there were unusual smells coming from your patio, and your downstairs neighbor is under no obligation to investigate the source of the smells herself, she can legitimately defend the complaint she made to the police.

That said, filing a knowingly false police complaint is a crime in all states. If it were clearly determined that the downstairs neighbor made the complaint to the police knowing it was false and with the express intent of causing injury (due to vindictiveness and a vendetta against you), then the police could pursue the matter. They could hand the matter over to the prosecutor, who could charge your neighbor with filing a false police report. It would be up to the police and the prosecutor to do this and not you.

Police departments have limited resources, however, and they generally will not bother pursuing such an action unless they have expended a great deal of time and money investigating a false complaint (as would be the case with a false kidnapping or false rape complaint).

One of the problems with living in an attached condo or in an apartment is that privacy is a rare commodity. You share not only parking areas and commons areas, but you share walls, floors and ceilings with others. Noises can be heard and sights can be seen. It is not an "invasion" of privacy to inadvertantly hear or see your neighbors when living in a condo or an apartment.

From what you have posted here, I do not see any legal action you can take against your downstairs neighbor that has much chance of success. While I believe your best bet is to try and handle this matter with your neighbor directly (in a peaceful way) or with management's help (as mediator), and not through attorneys and courts, you could certainly run your situation by an attorney in your area.

An harassment complaint is a possibility as is a restraining order, but I am not sure you have enough here to support either (unless violence has been threatened). Perhaps a letter from an attorney threatening legal action may be enough to calm the waters (that are hopefully now well-plugged and not escaping from your condo and into your downstairs neighbor's living quarters ;)).

As an aside, your boyfriend's use of soldering irons (or whatever your boyfriend uses to make his jewelry), whether used inside your condo or out on the porch, can be of legitimate concern to those who share the condominium unit with you.
 
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prelude

Junior Member
thank you quincy great post,,,the management has advized me about a year ago not to talk to her and they are also stating they generally stay out of matters between residents which opened up the whole problem when they decided not to take her complaints any more.
 

quincy

Senior Member
Ah. Well, if management will not get involved (and they are probably wise to avoid this conflict ;)), then it may be up to you to try to find a peaceful solution before searching for a legal one.

Perhaps a gift of more jewelry? :)
 

prelude

Junior Member
still waiting to hear back from a lawyer,,we may pay to have a letter written on any more false complaints thats it ,,,either harassament charges or letter from lawyer saying one more complaint and we're going to court thanks again for all the great advice.
 

prelude

Junior Member
well the police came again last night this time she called in a noise complaint. I wasnt even home boyfriend was home sleeping. I did get advice today on possibly trying a ciese and desist order ,, probably not spelling it correctly would this apply? She has now called the police on us three times in the last three week.
 

quincy

Senior Member
Sorry. I did not see your most recent post until now, prelude.

You may have luck with a cease and desist letter drafted by an attorney and delivered to your neighbor. The letter can warn your neighbor of legal action that may be pursued should she not immediately knock off the harassment. The letter has no force of law behind it, so she can ignore it without penalty, but usually the threat of legal action coming on attorney letterhead is enough to worry a person into behaving.

A cease and desist order would be issued by the court based on evidence of harassment and a showing to the court that there is no other adequate way to stop the harassment. You would want copies of the police incident reports and findings, perhaps testimony from the condominium manager who fielded the neighbor's earlier calls about you, and any record of phone communications made by her to you.

A court may or may not issue an order. It could depend on any defenses this neighbor may conjure up to support the complaints she has made to the police.

Speak with an attorney in your area. The attorney can best advise you on what is doable. Good luck.
 

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