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How can they file false charges and then not answer for them?

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rlmckeithan

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Our neighbor (A) had been mowing a portion of our yard for years. We have asked them not to on several occasions. They had hired landscapers and they were instructed to mow a portion of our yard also by them. The layout of the property cuts into their front yard, so they mow a portion of our property to make their property appear larger. I confronted the mowers and explained that they were misinformed and to please follow the property markers.

Upon returning home from dinner one night we noticed that the neighbors (A) landscapers had once again mowed our property. My husband then took three white wooden property markers and hammered them in the ground where the property markers were at. At this time neighbor (A) who had our property mowed yelled out,’ you’re not mad because they mowed your grass again are you?” My husband politely said my wife has told them twice and that was it… This neighbor (A) is very close to all of the surrounding neighbors because they all have children and our children are grown and have moved out. They also have ****tail hour in one of the neighbor’s (B) driveways daily and this was when the confrontation took place.

I was working in my yard and I could hear her talking about what my husband had done. I walked over to neighbor (B) by passing neighbor (A) and started a conversation regarding nothing about the property markers. As I was leaving neighbor B’s driveway, neighbor A engaged me in a conversation regarding what my husband had done. Before I knew it she was cursing us, saying the whole neighborhood hates you, all of the children are scared of you and you are a fat ass, F’n white trash redneck thugs and few other names.

We ignored her and continued doing our yard work. Her behavior was so disturbing we wrote them a letter telling them not to trespass on our property anymore. It took us 3 weeks to send the letter for fear it would cause more trouble. The day she received the letter she made copies and passed them out to the other neighbors making a dramatic display in the street for us to notice. This action of having all of her friends in the road making a scene caused me to have a panic attack and I ended up in the hospital. I was so embarrassed I never had this problem before and now I am suffering from these attacks often.

She wrote us a letter back claiming many untruths and even said that we should mutually agree on landscaping for the property lines. As if we had to have her permission to landscape our property. I sent her back a letter and told her to take us off her mailing list, to leave us alone and that her behavior was caught on our home surveillance system so to leave us alone. She then went to the court house and filed civil charges against me and my husband and had neighbor B file charges of me being an insane woman who would call the police every time someone was on an old field by our house.

I had put a 24/7 no trespassing on our property to keep only neighbor A off our property. We were having work performed on our land and neighbor A took a bush and covered up one of our property markers. So I place a 47 inch PVC pipe over our property marker so that there wouldn’t be any misunderstandings as to where our property was for the workers. Neighbor A came out of her house, removed the PVC pipe throwing it on our property. I returned once I had scene what she did and replaced it over our property marker. Neighbor A came walking out of her house right up to me and told me I couldn’t do that and she was going to call the builder of the development. So I told her to go ahead and as I was walking off she continued to harass me verbally but I ignored her comments and walked back to my house. I called the police, when they arrived I explained what happened and he said he would go speak with her to try to calm things down. The police officer returned to my house and assured me she would leave me alone and that there wouldn’t be any more trouble from neighbor A.

When we had to go to court, she had a lawyer but the other neighbor didn’t. We went to court and they asked for a continuation. When the new date came we had to ask for a continuation because my husband had to have emergency surgery for his appendix. The neighbor is claiming we have tapped her phones, and she is in fear of her life and that my husband threatened her during the first incident. The summons read domestic violence, fearful for her life, torment, and terrified environment.

We ended up hiring a lawyer, which we had to borrow money from our son to pay for. I am currently not working and my husband is retired military working locally. Our lawyer said there really isn’t anything we can do to her, and that she and the other neighbor would have to prove all of their accusations; so he felt that it would get thrown out.

Here is my concern, we are not guilty of any of the charges and she would have to prove all of her accusations if I’ve done my homework. What can we do to make her and the other neighbor stop filing false charges against us and to stop harassing us? They even mentioned not showing up to another neighbor and then what… it get’s thrown out and we never get to clear our name? Isn’t there away for us to make them appear on the next court date and to either prove their accusations, or be told to stop harassing us? I feel like we are not getting the right guidance from our lawyer or he’s just too lazy to do the paperwork.

Help if you can, if not Thanks anyway!
 


rlmckeithan

Junior Member
That's a no - no.... isn't this site a place to receive knowledgeable legal help?

All I have received from senior members are two insults for voicing the obvious. I guess my situation requires the knowledge of an individual that is capable to understand common courtesy. It's hard to express emotions over a list of words one has posted in order to get advice from what should be rather highly educated individuals. So far nothing has been posted pertaining to the situation, rather a game playing with someone who obviously made a mistake and posted their situation twice. Instead of addressing the problem I needed help with it was brought to my attention I could have just unlocked the original posting. However, being new to the site they forget to mention how to do that. Given my ability to figure out issues on my own, the problem has now disappeared.
SO...
does anyone have an answer to the original and only issue that should have been addressed?:rolleyes:
 

Tallrat

Member
If they don't show and it's thrown out it will be for the best. All that will happen is will be you spending money. Have your lawyer send them a letter stating you want no trespassing on your property and spend the money on a fence. I'm sure you have heard, good fences make for good neighbors? Good luck ;)
 
Here is my honest suggestion.

1. keep a daily log of what happens, no emotions, just a log like, on 07/17/08m went outside and had neighbor approach me and yell at me stating xyz. You will ened this for court, try to remember what happenned and on what days and write it down,

2. If you have video surveillance, take it to court to show them what this neighbor is doing.

3. if you have a neighbor claiming you call the police, they will have to prove this. If you really have, I dont know. If you didnt, they will look bad in court

4. Any further communications you have with this person need to be in writing, sent return receipt requested and keep copies of everything.

5. Request a no trespass order from the judge with clear boundries for the neighbors about what will happen if they continue to trespass on your property.

6. request in court, since they brought the action, thet they are responsible for your attorneys fee's.

7. continue to stand up to them. If you back down, they will NEVER STOP!!!!!!

good luck
 

rlmckeithan

Junior Member
Thanks

If they don't show and it's thrown out it will be for the best. All that will happen is will be you spending money. Have your lawyer send them a letter stating you want no trespassing on your property and spend the money on a fence. I'm sure you have heard, good fences make for good neighbors? Good luck ;)
Thanks for the advice. If we have CCR's in our development but no HOA's can they make us follow them? The problem is we are allowed to have fences but they cannot go past the back corner of your house. So, considering the location of the empty lot it reallywouldn't be worth the money to put up a fence unless we were able to do it to the road. One of our neighbors told us since there were no HOA's in our development we didn't have to go by the CCR's set forth by the builder. All construction is finished and now he really has no say about anything according to the CCR's that were given to us when we moved here.

Once again thanks for the help ;):D
 

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