The Neigbor From Hell

[ihanfh]

To make a 5 year long horror story as short as possible, things have deteriorated over the last few weeks when her lilac bushes had grown so far over my fence that I could no longer get in and out of my car without getting smacked in the face by branches (we have a very narrow driveway), so I trimmed them back to the fence line because she refused to do it. They are still alive and healthy. She called the Police, the Fire dept. and the Health Dept. on me for a number of complaints as a result. They all showed up at my door the next day and all left puzzled, wondering why someone was complaining about anything. I came home from work today to find a stick with tape on it stuck in the ground about 3 inches into my driveway from the fence. On the tape was written "Fence over property line 2 1/2 inches". This fence has been exactly where it is since this neighbor moved in in 1992. Nothing was ever said until now. I called this neighbor for an explaination of why they were complaining now and who they had hired to survey the property. She said no one had surveyed it but that it's now my responsibility to have the land surveyed or she'll force me to move my fence 2 1/2 inches. I asked her who told her that my fence was over the line. She said "your Grandmother told me that when she lived there". My dear Grandmother (deceased now 5 years) God rest her soul, knew nothing about property lines but to confirm this, I called my mother. She said there was no way my Grandmother would ever know about such things or say anything along those lines. Mother told me that the exsisting chain link fence was built in 1992 in the exact post holes as the picket fence that had been there since 1960 when my Grandparents bought this house. There have been two other owners of the house next door since 1960 and no one has ever mentioned anything before. This all boils down to: is it my responsibility to prove whether or not a fence that has been there for over 40 years is in the wrong place or is it her responsibility since she's doing the complaining? Our properties are so small and close together that moving my fence 2 1/2 inches would make it virtually impossible for me to drive into my own driveway without hitting either my fence or my garage. I live in Rock Island County, Illinois and would appreciate any advice or laws I could look up. I live paycheck to paycheck and even a minor legal battle could bankrupt me very quickly. Thank you.

[This message has been edited by ihanfh (edited July 06, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ihanfh:
To make a 5 year long horror story as short as possible, things have deteriorated over the last few weeks when her lilac bushes had grown so far over my fence that I could no longer get in and out of my car without getting smacked in the face by branches (we have a very narrow driveway), so I trimmed them back to the fence line because she refused to do it. They are still alive and healthy. She called the Police, the Fire dept. and the Health Dept. on me for an number of complaints as a result. They all showed up at my door the next day and all left wondering why someone was complaining about anything. I came home from work today to find a stick with tape on it stuck in the ground about 3 inches into my driveway from the fence. On the tape was written "Fence over property line 2 1/2 inches". This fence has been exactly where it is since the neighbors moved in in 1992. Nothing was ever said until now. I called this neighbor for an explaination of why they were complaining now and who they had hired to survey the property. She said no one had surveyed it but that it's now my responsibility to have the land surveyed or she'll force my to move my fence 2 1/2 inches. I asked her who told her that my fence was over the line. She said "your Grandmother told me that when she lived there". My dear Grandmother (deceased now 5 years) God rest her soul, knew nothing about property lines but to confirm this thought I called my mother. She said there was no way my Grandmother would ever know about such things or say anything along those lines. Mother told me that the exsisting chain link fence was built in 1992 in the exact post holes as the picket fence that had been there since 1960 when my Grandparents bought this house. There have been two other owners of the house next door since 1960 and no one has ever mentioned anything before. This all boils down to: is it my responsibility to prove whether or not a fence that has been there for over 40 years is in the wrong place or is it her responsibility since she's doing the complaining? Our properties are so close together that moving my fence 2 1/2 inches would make it virtually impossible for me to drive into my own driveway without hitting either my fence or my garage. I live in Rock Island County, Illinois and would appreciate any advice or laws I could look up. I live paycheck to paycheck and even a minor legal battle could bankrupt me very quickly. Thank you.<HR></BLOCKQUOTE>


My response:

Inform her she is never to communicate in any fashion with you ever again. That she is no longer expressly or impliedly invited onto your property. That if you find evidence of trespass by her in the future, you will take appropriate action. That if her need to communicate is that strong, to write everything in a letter and mail it to you. Inform her that any oral communications will be ignored. Put these instructions in writing and mail the same to her.

When she fails the communication or trespass embargo, go to court for a restraining order. Do not inform her ahead of time. Restraining orders are cheap to obtain, you can do it yourself, and it usually keeps a whacko neighbor at bay. For a little while.

In regard to the fence problem, merely ignore her. If she feels strongly about the "problem" let her buy a survey. Otherwise, ignore anything she has to say.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited July 05, 2000).]