• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Warring Neighbors

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zoely2

Junior Member
What is the name of your state? MS

I have had a problem with my neighbor next door ever since I moved into my new home approx. a year and 1\2 ago. He had a large pickup truck parked in the street 2/3's on my property and 1/3 on his. After months and months of hints (I should have just politely asked) I had to have the Homeowner's Assoc. ask him to remove the truck.

Not long at all after that, he and his wife began complaining that my dogs were barking all day and all night. As I was working during the day, I didn't know about that. But, I informed them that my dogs slept inside every night. The dogs may be let out to relieve themselves if needed, but if they barked to come back inside it was only one bark.

I continued to receive calls from the neighbors complaining that my dogs were barking furiously day and night. The man called me at work to tell me that he was standing at my fence taping the dogs barking. I could hear them barking in the background, but that is what I would expect them to do if a stranger was standing at our fence. I began working with my dogs on a "No Bark" command which they have done very well with. I even told the neighbors that I would try a "Barking Collar" on the dogs hoping that would stop the phone calls. In the meantime, I asked every surrounding neighbor if they could hear my dogs barking and did it bother them. They said that they did not hear my dogs barking and I made them promise to let me know if the dogs ever became a nuisance.

I took the dogs back to their trainer, a very well-known man who trains narcotics dogs for law enforcement in MS, AL and LA. The dogs stayed 3 weeks in order for the trainer to work with the dogs and the shock collar. But in three weeks, he swore that no matter what he tried he couldn't get the dogs to bark.

The neighbor then told me he had a video camera on his kitchen table set up to tape my backyard and still complained about the barking. These dogs are Australian Shepherds and are extremely bright. Both have been and one still is a Therapy Dog that I take to Nursing Homes. They excelled in obedience and are certified Canine Good Citizens. It came to the point where the neighbors were always threatening to take me to court and I couldn't leave my dogs outside at all when I wasn't home.

One afternoon I did leave the dogs outside and, after a haircut, went to dinner with my parents for their Wedding Anniversary. I did not go home beforehand and put the dogs inside. On my drive home at 9:15 or so I saw where my neighbor had called my cell and left a message. In the message he stated the he was telling me. like he'd just told the Sheriff's Dept. many times before that my dogs had been barking all day and into the night. He said that if they were still barking at 10:00 p.m. he was going to go outside and "Shoot Them Dead". He left the same message on my home phone. A Sheriff's Deputy came to my home, listened to the tapes and suggested I go first thing the next morning and file an affidavit. The Deputy also called his Dept. and found that their had been NO reports from the neighbor. The neighbor lied about calling the Sheriff's Dept.

I filed first thing the next morning. After the neighbor was arrested, he sent animal control to my house citing that I had over the legal limit of animals. I spoke with Animal Control and they found everything to be alright. I guess that wasn't good enough. The neighbor has filed 3 affidavits against me. One for disturbing the peace and two forthe dogs continuous barking. "He" stated in one report that I told him I wasn't going to do anything about the situation. He wrote down that I allowed my dogs to push on him one day when he arrived home from work. He knew that was a blatant lie and crossed through it. He states in another affidavit that I have said I would try to stop the alleged barking. That is completely opposite of what he stated before. So he lied and he contradicted himself.

I can prove many of his statements false. He says he has audio and video of these instances. Is that legal? Can I be taped without my knowledge and/or permission? Is it admissible in Court?

I'm terribly frightened that this guy may try to poison my dogs. My dogs never bark at the neighbor on the other side of my house or his family when they are in their back yard. But, if "He" so much as walks by the fence they go crazy. I believe that he has harrassed my dogs and possibly even done so in order to have them barking on tape.

The Affidavits he filed are for things dated in Oct. and Nov. of 2005. I know he is only filing this to get back at me for having him arrested for leaving the "Death Threats". I also believe that none of this would be happening if I hadn't had his truck removed. I say this because during one of our phone conversations, when he was threatening to take me to court, he said that "It's just tough. I never had any problems parking my car on the street until You moved in. Then I had to sell the truck and get a crane to tear down the shed I was building for it". I have no idea what shed he's talking about, but I honestly believe that none of this would be happening had I not had his truck removed from my property.

Can anyone give me any advice? I can't imagine what he has on tapes that could harm me. But, I do know that this will never end until I move out of my dream home and live somewhere else.What is the name of your state?
 


BL

Senior Member
Nice short Story , I read 3 paragraphs , I'm not reading anymore , Now cut the story down , to brief Facts and Legal Question .
 

BelizeBreeze

Senior Member
zoely2 said:
What is the name of your state? MS

I have had a problem with my neighbor next door ever since I moved into my new home approx. a year and 1\2 ago. He had a large pickup truck parked in the street 2/3's on my property and 1/3 on his. After months and months of hints (I should have just politely asked) I had to have the Homeowner's Assoc. ask him to remove the truck.
If the pickup is parked on the street, how is it on your property?
Not long at all after that, he and his wife began complaining that my dogs were barking all day and all night. As I was working during the day, I didn't know about that. But, I informed them that my dogs slept inside every night. The dogs may be let out to relieve themselves if needed, but if they barked to come back inside it was only one bark.
so they do bark day and night.
I continued to receive calls from the neighbors complaining that my dogs were barking furiously day and night. The man called me at work to tell me that he was standing at my fence taping the dogs barking. I could hear them barking in the background, but that is what I would expect them to do if a stranger was standing at our fence. I began working with my dogs on a "No Bark" command which they have done very well with. I even told the neighbors that I would try a "Barking Collar" on the dogs hoping that would stop the phone calls. In the meantime, I asked every surrounding neighbor if they could hear my dogs barking and did it bother them. They said that they did not hear my dogs barking and I made them promise to let me know if the dogs ever became a nuisance.
o.k.
I took the dogs back to their trainer, a very well-known man who trains narcotics dogs for law enforcement in MS, AL and LA. The dogs stayed 3 weeks in order for the trainer to work with the dogs and the shock collar. But in three weeks, he swore that no matter what he tried he couldn't get the dogs to bark.
O.K.
The neighbor then told me he had a video camera on his kitchen table set up to tape my backyard and still complained about the barking. These dogs are Australian Shepherds and are extremely bright. Both have been and one still is a Therapy Dog that I take to Nursing Homes. They excelled in obedience and are certified Canine Good Citizens. It came to the point where the neighbors were always threatening to take me to court and I couldn't leave my dogs outside at all when I wasn't home.
O.K.
One afternoon I did leave the dogs outside and, after a haircut, went to dinner with my parents for their Wedding Anniversary. I did not go home beforehand and put the dogs inside. On my drive home at 9:15 or so I saw where my neighbor had called my cell and left a message. In the message he stated the he was telling me. like he'd just told the Sheriff's Dept. many times before that my dogs had been barking all day and into the night. He said that if they were still barking at 10:00 p.m. he was going to go outside and "Shoot Them Dead". He left the same message on my home phone. A Sheriff's Deputy came to my home, listened to the tapes and suggested I go first thing the next morning and file an affidavit. The Deputy also called his Dept. and found that their had been NO reports from the neighbor. The neighbor lied about calling the Sheriff's Dept.
O.K.
I filed first thing the next morning. After the neighbor was arrested, he sent animal control to my house citing that I had over the legal limit of animals. I spoke with Animal Control and they found everything to be alright. I guess that wasn't good enough. The neighbor has filed 3 affidavits against me. One for disturbing the peace and two forthe dogs continuous barking. "He" stated in one report that I told him I wasn't going to do anything about the situation. He wrote down that I allowed my dogs to push on him one day when he arrived home from work. He knew that was a blatant lie and crossed through it. He states in another affidavit that I have said I would try to stop the alleged barking. That is completely opposite of what he stated before. So he lied and he contradicted himself.
o.k.
I can prove many of his statements false. He says he has audio and video of these instances. Is that legal?
yes.
Can I be taped without my knowledge and/or permission?
Yes
Is it admissible in Court?
Depends on the circumstances of the trial.
I'm terribly frightened that this guy may try to poison my dogs. My dogs never bark at the neighbor on the other side of my house or his family when they are in their back yard. But, if "He" so much as walks by the fence they go crazy. I believe that he has harrassed my dogs and possibly even done so in order to have them barking on tape.
Then buy a video camera, or security camera, hook it up to your computer, purchase a very cheap ($49.95) program to activate on motion and after placing the camera where the neighbor can't get to it, point it to th eback yard and wait.
The Affidavits he filed are for things dated in Oct. and Nov. of 2005. I know he is only filing this to get back at me for having him arrested for leaving the "Death Threats". I also believe that none of this would be happening if I hadn't had his truck removed. I say this because during one of our phone conversations, when he was threatening to take me to court, he said that "It's just tough. I never had any problems parking my car on the street until You moved in. Then I had to sell the truck and get a crane to tear down the shed I was building for it". I have no idea what shed he's talking about, but I honestly believe that none of this would be happening had I not had his truck removed from my property.

o.k.
Can anyone give me any advice? I can't imagine what he has on tapes that could harm me. But, I do know that this will never end until I move out of my dream home and live somewhere else.What is the name of your state?
I already did.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top