What is the name of your state (only U.S. law)? Ohio
I have been living in my home for 17 years, my neighbor has been in her house for 19 years. there has always been a basketball hoop on my property, initially on the garage and later a stand alone hoop in the yard. Earlier this year (around April/May) my neighbor came to me and told me that my son or his friends had been climbing her fence to retrieve their basketball. I told my neighbor that if they were doing that I would speak to them about it. My neighbor told me that she knows that boys will be boys and she knows that they are going to be playing basketball and all she asks is that they not climb the fence. Cut to July, my son comes in the house and tells me that my neighbor told him and his friends to stop playing basketball at 9 pm. I told him it was not dark yet as it was summer so he could play until it got dark. A couple weeks later they broke her bird feeder and she asked to speak to me about it. I went to her home and she told me what happened, and any time that she talks to them she wanted to let me know that she did. I offered to replace the bird feeder but she said don't worry about it. Once again she expressed that she knows these things happen and she thought that the boys were still climbing her fence, she asked that if the ball comes in her yard that my son retrieve it by walking around to get it instead of one of his friends. I told her that I would let him know and ask the boys not to climb the fence if that's what they were doing. A week or two later my son comes in the house and is frustrated because she told him not to play basketball on Sunday(even though she told me that she talks to me when she talks to them). I told my son this is our property and he could play on Sunday. He went back out and played and a few minutes later comes back in and says that she said he promised he would not play on Sunday. At this time my son was in the house getting water and his friends were still playing, the ball went in her yard and she came a got it and took it in her house. I went to her home and asked for my son's ball back. She gave the ball back and said that she and my son made an agreement that he and his friends would not play basketball on Sunday. I told her the she could not make an agreement with my 14 year old son and if she had an issue she needed to talk to me. She began to tell me how she works and wants to relax on the weekends and "drink her wine" she then told me that she allowed them to play on Saturday. I told her that she cannot dictate when my child plays basketball in his own yard. I also told her that there are children in most of the houses on our end of the street and I wasn't sure what peace and quiet she was expecting. That's when everything went crazy, she has put up no trespassing signs, and surveillance cameras, she reviews the tapes every evening when she gets home from work(she told me this) and calls the police who show up to my home after 9 pm. The police told me about netting that I could put up to prevent the ball from going into her yard so frequently, which I did and showed her what was being put up. This week I received a certified letter from her threatening to sue me if I don't comply and pay for a new fence for her. I have talked to the legal department in our city and found out that she has too. The legal department and the police told me that they did tell her that she could not prevent the children from playing basketball because they are playing during daylight hours. I believe this has sparked the flame in her to sue me to replace her fence. I have talked to an installer from Home Depot because I was going to put up a 6 ft wooden fence but he told me that the city would not allow me to put a fence next to hers. He also told me that her fence was not damaged where it had to be replaced but could not give me a statement nor be a witness ( in case of a law suit)because he is representing Home Depot. He advised that i contact the city to see if they would inspect it for damages that would cause it to need replacing. I did that and they would not do it because it is a civil dispute.
I would like to know could I or should I get an independent inspector to inspect the fence to see if it would need to be replaced because of damages. If she decides to sue me, can I counter sue for harassment, calling the police to my home several times late in the evening, and making agreements with my son without my knowledge. My neighbor has been talking for years about replacing her fence and I think this is her way of trying to get it paid by someone else.
Sorry this is so long but it has been a very frustrating experience.
I have been living in my home for 17 years, my neighbor has been in her house for 19 years. there has always been a basketball hoop on my property, initially on the garage and later a stand alone hoop in the yard. Earlier this year (around April/May) my neighbor came to me and told me that my son or his friends had been climbing her fence to retrieve their basketball. I told my neighbor that if they were doing that I would speak to them about it. My neighbor told me that she knows that boys will be boys and she knows that they are going to be playing basketball and all she asks is that they not climb the fence. Cut to July, my son comes in the house and tells me that my neighbor told him and his friends to stop playing basketball at 9 pm. I told him it was not dark yet as it was summer so he could play until it got dark. A couple weeks later they broke her bird feeder and she asked to speak to me about it. I went to her home and she told me what happened, and any time that she talks to them she wanted to let me know that she did. I offered to replace the bird feeder but she said don't worry about it. Once again she expressed that she knows these things happen and she thought that the boys were still climbing her fence, she asked that if the ball comes in her yard that my son retrieve it by walking around to get it instead of one of his friends. I told her that I would let him know and ask the boys not to climb the fence if that's what they were doing. A week or two later my son comes in the house and is frustrated because she told him not to play basketball on Sunday(even though she told me that she talks to me when she talks to them). I told my son this is our property and he could play on Sunday. He went back out and played and a few minutes later comes back in and says that she said he promised he would not play on Sunday. At this time my son was in the house getting water and his friends were still playing, the ball went in her yard and she came a got it and took it in her house. I went to her home and asked for my son's ball back. She gave the ball back and said that she and my son made an agreement that he and his friends would not play basketball on Sunday. I told her the she could not make an agreement with my 14 year old son and if she had an issue she needed to talk to me. She began to tell me how she works and wants to relax on the weekends and "drink her wine" she then told me that she allowed them to play on Saturday. I told her that she cannot dictate when my child plays basketball in his own yard. I also told her that there are children in most of the houses on our end of the street and I wasn't sure what peace and quiet she was expecting. That's when everything went crazy, she has put up no trespassing signs, and surveillance cameras, she reviews the tapes every evening when she gets home from work(she told me this) and calls the police who show up to my home after 9 pm. The police told me about netting that I could put up to prevent the ball from going into her yard so frequently, which I did and showed her what was being put up. This week I received a certified letter from her threatening to sue me if I don't comply and pay for a new fence for her. I have talked to the legal department in our city and found out that she has too. The legal department and the police told me that they did tell her that she could not prevent the children from playing basketball because they are playing during daylight hours. I believe this has sparked the flame in her to sue me to replace her fence. I have talked to an installer from Home Depot because I was going to put up a 6 ft wooden fence but he told me that the city would not allow me to put a fence next to hers. He also told me that her fence was not damaged where it had to be replaced but could not give me a statement nor be a witness ( in case of a law suit)because he is representing Home Depot. He advised that i contact the city to see if they would inspect it for damages that would cause it to need replacing. I did that and they would not do it because it is a civil dispute.
I would like to know could I or should I get an independent inspector to inspect the fence to see if it would need to be replaced because of damages. If she decides to sue me, can I counter sue for harassment, calling the police to my home several times late in the evening, and making agreements with my son without my knowledge. My neighbor has been talking for years about replacing her fence and I think this is her way of trying to get it paid by someone else.
Sorry this is so long but it has been a very frustrating experience.