hostile neighbours - Sacramento, CA

[DawnN]

Help!! My next door neighbours who bought next to me 2years ago have become intolerable. I have had to ask them to turn down music (filthy lyrics) etc. and am constantly greeted by profanity. The wind blew down a jointly shared fence and although he initially agreed to sharing cost (verbal), he changed his mind after I purchased the fence materials. He then waited until I set the posts before informing me that it didn't give him enough room to exit his vehicle in the driveway (my property line runs along his driveway). I agreed to move part of the fence (my contractor witnessed his verbal okay of the new line) as a good neighbour gesture but had to cover the costs for new posts, etc. Their driveway runs next to my front yard and now they are constantly dropping trash in my yard, etc. They drag their trash can across my yard and are always walking across it to get to their car that's parked in the street. Yesterday they had a bag of items on my yard near their driveway and I called out to please stop leaving garbage and things in my yard and moved the bag to the sidewalk. They began swearing at me and the one guy told me he was going to go in my yard and there was nothing I could do about. His friend (the owner) threw a water bottle at me and shouted that that was litter and the other guy came across my yard in a very threatening manner like he was goint to hit me (I'm female). I kept repeating to them to stay out of my yard and stop putting things and trash in it. This occurred in front of my kids and now I am worried that they may try something. Would it be wise to get a restraining order? I know that I'm going to be stuck with the fence costs and the fact that they're jerks, but I worry that they will continue to use my yard and try to provoke the situation. I will be putting up a low-height fence between us to discourage trespass (oh yes - and will be sure to allow the same amount of space for driveway acess!!) but am worried about what could occur until that time. Any suggestions?

 

[Tracey]

Apply for the restraining order. When they threw the bottle at you, that was assault (if it came anywhere near hitting you).

You may put the fence along the property line whether it blocks the driveway or not, as long as all the fence is on your property. Get a survey.

Depending on the amount the fence materials cost, you can sue N for breach of verbal contract, since you have the contractor as a witness. If N's share was less than $500, you can definitely collect. You may be able to collect more, but you'll have to ask IAAL.

Set up your video camera so that you can capture them leaving trash in your yard & trespassing after you tell them to leave. Then call the cops & press charges for trespass. Start keeping a log of their actions: trespass, loud music, littering, threats, etc. Get as much of it on tape as you can.

Send them a letter (certified, return receipt) telling them to stay off your property at all times & that you will be taping all interactions with them in the future. (This gives them notice & lets you use the tape in court.) Avoid talking to them.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.