Easement and harassment

[DSMissed]

I live in South Dakota. I bought a house 3 years ago. The neighbor says he has an easement to come into my yard at any time to maintain his 2' x 12' strip of grass that is in my yard. I can find no record of any easement.

He is a very controlling old man and I don't play along with that, so he has decided to be juvenile and hate me for it. He harasses me, yells at me, threatens me, etc. I have caught him going thru my garbage, looking in my windows, peeking thru the fence, and eavesdropping. He calls the cops on me any chance he gets and makes things up to try to get me in trouble. A few days ago I had someone delivering a bumper, and while I was helping him unload it, the neighbor drove up and even though he could have gone around, he chose to make a scene by flipping me off and laying on his horn for a good 20 seconds until the guy moved out of his way. He put up a bunch of poles separating my parking area from his, in an attempt to make it more difficult for me to park. He has now begun to harass and threaten my 12 year old son to the point that my son won't even go outside if the neighbor is out there. I've been in contact with local police and they agree I have a legitimate concern but they are slow to help. I have documented every encounter with this neighbor since I moved in. I recently installed surveillance because he is getting worse.

Question 1: Can I request that he provide me with documentation of easement without having to file a lawsuit against him?

Question 2: He has a rain gutter that is in my yard and the water drains toward my garage and I believe it is partially to blame for one wall of my underground garage starting to cave in. What is the best way to confront this?

Question 3: His poles are on public property. Can I pull them out of the ground as long as I don't damage them or take them?

Question 4: One of my cameras unintentionally captures a corner of the neighbors yard. Is any recorded video showing him in his yard illegal, even if it is not intentionally set up to do so?

Question 5: He is a perfectly able bodied person (rides motorcycle, does physical labor around his house) who has handicapped plates and gets a monthly disability check and VA benefits. He told me that he is disabled because he was in a motorcycle accident and is deaf, however he is able to eavesdrop perfectly well, he talks on the phone, and I've never seen him look at a persons mouth when they speak. How can I report this fraud?

Thank you very much for the help

 

[justalayman]

1. Why demand anything? Refuse to allow access unless he provides proof of a right to enter. I would suggest consulting an attorney before denying access though as if there is something you are missing it could be a problem for you.

2. I would send him a demand notice demanding he move the spout. It is unlawful to drain water onto neighboring lands and cause damage. He can likely be held liable for any damages his water causes.

3. You can't touch his poles regardless whose property they are on. Call the police and report the matter.

4. You can point the camera at his front door if you wish. Do not record audio unless you are involved.

5. You aren't a veteran, are you? I suggest you leave this one alone.

 

[TigerD]

...

Question 5: He is a perfectly able bodied person (rides motorcycle, does physical labor around his house) who has handicapped plates and gets a monthly disability check and VA benefits. He told me that he is disabled because he was in a motorcycle accident and is deaf, however he is able to eavesdrop perfectly well, he talks on the phone, and I've never seen him look at a persons mouth when they speak. How can I report this fraud?

Felt for you right up until this question.

You'll figure it out yourself, or you won't.

TD

 

[xylene]

over 24 sq feet?

 

[xylene]

Is this in a trailer park? Be honest.

 

[LdiJ]

over 24 sq feet?

I do not think its the amount of square feet that matter, but rather the neighbor coming into his yard.

 

[DSMissed]

Wow.

LDiJ - It's "she". Ironically, if I was a "he" I wouldn't be in this situation at all. But you are correct, the amount of property doesn't mean squat to me, its the fact that he treats my yard as his own.

xylene - No, it is not in a trailer park. I live in a mining town built on hills. The terrain built on was not perfectly flat. This is why the neighbor opted to cheapen up his fence by not putting it on the property line.

TigerD - It's a good thing I don't want your sympathy, then isn't it? That is why I came to an advice forum, and not a sympathy forum.

justalayman - Thank you for your insight. To answer your question, no I am not a veteran, but I never said he was either.

 

[ShyCat]

....no I am not a veteran, but I never said he was either.

You did, however, state in your first post

He ... has handicapped plates and gets a monthly disability check and VA benefits.

VA benefits go to veterans.

 

[justalayman]

You did, however, state in your first post



VA benefits go to veterans.

Glad you added that. I misread it and thought he said he never said he was a veteran.



But to DSMissed;

My statement was meant to suggest unless you are a veteran, or at least closely related to a vet in some way you know them quite well, you have no idea if the possible trauma the veteran experienced has caused him serious issues either physical or mental that would allow him to recieve va benefits. It may not be obvious to you but that does not mean there is not a disability involved. This is one situation where I would suggest you just leave it alone.