Trespassing

[CoreyT]

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

We own a home in central NJ but do not live in it on a full time basis. We were recently informed that one of our neighbors entered the backyard of this property(without permission), proceeded to drop a pump into our in-ground pool (which I retrieved for evidence) and drained out the water leaving it 1/4 full. I called the local police, a report was filed, and my neighbor boldly admitted to doing it when questioned by the officer. She stated that she did it because she was worried about Mosquitos. The officer stated that I have a right to press criminal charges for unlawful entering. My questions are as follows:

1. Is this a suit filed in small claims/or civil court?
2. I'm more concerned with the amount of electricity used and water replacement costs that we will encounter As a result of her actions and would like to be reimbursed for that cost ..is this a separate issue & again will I have to file as a civil suit? Would I need an attorney if I have an eye witness?

 

[quincy]

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

We own a home in central NJ but do not live in it on a full time basis. We were recently informed that one of our neighbors entered the backyard of this property(without permission), proceeded to drop a pump into our in-ground pool (which I retrieved for evidence) and drained out the water leaving it 1/4 full. I called the local police, a report was filed, and my neighbor boldly admitted to doing it when questioned by the officer. She stated that she did it because she was worried about Mosquitos. The officer stated that I have a right to press criminal charges for unlawful entering. My questions are as follows:

1. Is this a suit filed in small claims/or civil court?
2. I'm more concerned with the amount of electricity used and water replacement costs that we will encounter As a result of her actions and would like to be reimbursed for that cost ..is this a separate issue & again will I have to file as a civil suit? Would I need an attorney if I have an eye witness?

The officer stated that you could file a trespass complaint. This is a criminal complaint and it will be the prosecutor who decides whether to pursue charges against your neighbor.

If you have damages as a result of the trespass, you could file a civil action against your neighbor. Depending on the amount of damages in question, small claims may or may not be the proper court. You can sue for the costs you incurred as a result of your neighbor's actions.

Neither the trespass complaint nor the civil action would require the assistance of an attorney, although reviewing all facts with an attorney in your area before taking any action at all against your neighbor might be smart.

Also smart would be for you to have a more secure entry into your backyard. If a child is lured onto your property by the pool and is injured or killed, you can/will be held liable.

The liability you face would be a better reason for securing the pool or draining the pool than the fact it attracted a trespassing neighbor and it attracts mosquitoes.

 

[CoreyT]

Thank you for the response, very helpful. Our backyard is surrounded by a 6ft privacy fence & there is a heavy padlock on the gate. I believe she used a ladder, because the padlock was locked when I arrived.

 

[quincy]

Thank you for the response, very helpful. Our backyard is surrounded by a 6ft privacy fence & there is a heavy padlock on the gate. I believe she used a ladder, because the padlock was locked when I arrived.

Your neighbor really doesn't like mosquitoes, does she?

You could suggest to her that she build a few bat houses in her backyard to attract bats that will consume the mosquitoes. Of course, then she might have to worry about rabies from bat bites.

At any rate, good luck with whatever it is you decide to do, CoreyT.