Is my neighbor liable for devaluing my vintage decoy duck?

[unluckyduck]

What is the name of your state (only U.S. law)? CA

I have a dilemma with a neighbor who is completely unaware a problem exists. As is, I am hoping for some advice.

We are residents in a housing project where there are many common outdoor areas. I participate in an informal group of resident gardeners who adopt a particular gardening plot. While there is an unwritten and common sense code not to add or remove any items from any of the individual gardens, it is not unusual for things to disappear. Since mine is in a high traffic area I get hit more often than most. Over time, this has worn on me and I must admit my area is less appealing as a result. Where once I had many containers and decorative items (my theme is ducks) I'm down to two containers and two ducks. One of the ducks was a vintage decoy.

Adding to the lousy timing of things, I am also in the process of downsizing and selling off various possessions. I had a visit from a person I contacted to do a walk through with me and give me estimates on how much I should expect to sell things for. The estimate for the vintage decoy duck was $50. It happens that the exact decoy duck sold the same week on ebay for $ 75.

I was very disturbed to check the garden and discover the decoy duck was missing. Especially considering I had recently decided to sell it and $ 50-75 is a significant contrbution to the total I am hoping to achieve. I am so worn over my personal property items being re appropriated! It maddens me! This day I spent several hours in my room, expressing my upset with a friend on the telephone and working on a sign. I decided not to white-wash it this time but to call it what it is: "RETURN THE DUCK NOW - AND QUIT STEALING".

When I went to install the sign, the duck was back. Painted. Painted in bizarre colors. Now valueless and unsellable to collectors of vintage decoy ducks. I was speechless! I gotta admit it was a great mystery to me why someone would take that particular duck because it had none of the usual appeal. Now, in its current state, it saddens me and nauseates me so that I am avoiding walking by and being reminded that this has happened.

I think in a fair world, my neighbor should buy the duck at a price ranging from $50 to $75. I don't thnk there is any way to put a value on the trauma he has caused me. And all the while he seems to think he has done a good thing taking that old gray worn out duck and giving it a fresh look. I would appreciate any comments from here.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

I have a dilemma with a neighbor who is completely unaware a problem exists. As is, I am hoping for some advice.

We are residents in a housing project where there are many common outdoor areas. I participate in an informal group of resident gardeners who adopt a particular gardening plot. While there is an unwritten and common sense code not to add or remove any items from any of the individual gardens, it is not unusual for things to disappear. Since mine is in a high traffic area I get hit more often than most. Over time, this has worn on me and I must admit my area is less appealing as a result. Where once I had many containers and decorative items (my theme is ducks) I'm down to two containers and two ducks. One of the ducks was a vintage decoy.

Adding to the lousy timing of things, I am also in the process of downsizing and selling off various possessions. I had a visit from a person I contacted to do a walk through with me and give me estimates on how much I should expect to sell things for. The estimate for the vintage decoy duck was $50. It happens that the exact decoy duck sold the same week on ebay for $ 75.

I was very disturbed to check the garden and discover the decoy duck was missing. Especially considering I had recently decided to sell it and $ 50-75 is a significant contrbution to the total I am hoping to achieve. I am so worn over my personal property items being re appropriated! It maddens me! This day I spent several hours in my room, expressing my upset with a friend on the telephone and working on a sign. I decided not to white-wash it this time but to call it what it is: "RETURN THE DUCK NOW - AND QUIT STEALING".

When I went to install the sign, the duck was back. Painted. Painted in bizarre colors. Now valueless and unsellable to collectors of vintage decoy ducks. I was speechless! I gotta admit it was a great mystery to me why someone would take that particular duck because it had none of the usual appeal. Now, in its current state, it saddens me and nauseates me so that I am avoiding walking by and being reminded that this has happened.

I think in a fair world, my neighbor should buy the duck at a price ranging from $50 to $75. I don't thnk there is any way to put a value on the trauma he has caused me. And all the while he seems to think he has done a good thing taking that old gray worn out duck and giving it a fresh look. I would appreciate any comments from here.

What you THINK is irrelevant.

First of all, if the item was so valuable, leaving it out in the yard, exposed to the elements, would very likely have reduced it's value anyway.

Second, just because one or two people may have paid $50-75 for this allegedly vintage decoy duck doesn't mean EVERYONE would have. In order to determine it's actual value prior to the re-paint job, you would have had to have it appraised. What YOU believe its value was is not proof.

Even if you could establish the value, it's likely going to cost you more in time, effort, and costs to pursue this person.

 

[Zigner]

I guess I missed the part where you had proof that your neighbor did this...

 

[unluckyduck]

What you THINK is irrelevant.

First of all, if the item was so valuable, leaving it out in the yard, exposed to the elements, would very likely have reduced it's value anyway.

Second, just because one or two people may have paid $50-75 for this allegedly vintage decoy duck doesn't mean EVERYONE would have. In order to determine it's actual value prior to the re-paint job, you would have had to have it appraised. What YOU believe its value was is not proof.

Even if you could establish the value, it's likely going to cost you more in time, effort, and costs to pursue this person.

Very good points you've made, all of them!

 

[unluckyduck]

I guess I missed the part where you had proof that your neighbor did this...

One particular person has an affinity for the duck's new colors so I asked him if he painted the duck. He started with, "what duck?" but then admitted, yes, he'd painted the duck. I told him I wasn't happy about it and had some paperwork I wanted him to see. Of course I was thinking to include the listing from ebay selling the identical duck and comments from this forum had they been supportive of my position. Now I see I need to reconsider. Thanks for your comment!

 

[ecmst12]

Did you ask him why he would do such a thing?

Did you contact the police to report the vandalism?

 

[st-kitts]

"RETURN THE DUCK NOW - AND QUIT STEALING".
.

OP, not to make light of your situation, but this line just makes me laugh! If you would, send me a private message.

 

[unluckyduck]

OP, not to make light of your situation, but this line just makes me laugh! If you would, send me a private message.

I've written so many signs over the years: MISSING, LOST, HAVE YOU SEEN, PLEASE RETURN, etc. This time around I played with "ABDUCKTED" but decided enough is enough and went with "QUIT STEALING". Didn't get to post it, though, since the duck was back in place by the time I returned with the sign.

 

[unluckyduck]

Did you ask him why he would do such a thing?

Did you contact the police to report the vandalism?

I didn't want to ask him why he painted my decoy duck until I better understood whether or not he could be held liable for damages. Besides, I'm pretty sure I already know: he assumed painting the duck would meet with positive response and probably never considered any other possibility!

Right now, I expect we'll be able to come to a peaceful resolution without intervention from the courts. However, if something causes me to think otherwise, and it looks like I'll need to file suit in small claims to get the resolution I need, I'll first contact the police to report the vandalism since that report should be included with any lawsuit I'll file.

 

[justalayman]

yes, the neighbor is liable for the market the diminution of value of the duck.

The estimate for the vintage decoy duck was $50.

depending on whether the person's valuation is acceptable to the courts, that and the proof of sale of an identical decoy for $75 should allow you to seek up to that $75. If they were not identical, then whatever you can support the claim for would be your claim in court.

 

[You Are Guilty]

I imagine you can strip the paint from the duck for a lot less than $50. (Try Home Depot for some paint stripper and a brush).

 

[ecmst12]

That would strip the original vintage paint as well.

 

[OHRoadwarrior]

As you freely admit, there is an air of misappropriation that you and others have freely tolerated. You had the option to not put out anything subject to the rules of the neighborhood game and chose not to. I don't see a judge being sympathetic, as you knew the misappropriation would likely happen.

 

[latigo]

I imagine you can strip the paint from the duck for a lot less than $50. (Try Home Depot for some paint stripper and a brush).

Not bad, YAG.

But my vote is to have it mummified in Red Green's "duck" tape, then entombed to be discovered and studied by distant generations.

 

[You Are Guilty]

That would strip the original vintage paint as well.

The original, vintage, gray paint?

. . .he seems to think he has done a good thing taking that [highlight]old gray worn out duck [/highlight]and giving it a fresh look...

Not bad, YAG.
But my vote is to have it mummified in Red Green's "duck" tape, then entombed to be discovered and studied by distant generations.

I wonder if it was planted in the garden whether a real duck would sprout?