Possible Encroachment & rude neighbor

[gaggz]

Further updates

Hi
Just wanted to post further updates...
The neighbor had his drive-way cleared up, so that we could not get enough camera footage via security cam of him loading/off loading catering items. I do have some footage though before this move of his! Nevertheless, we went ahead and went to our city office and lodged a formal complaint. The good news is that the city came for 2 weeks to observe (a surprise they even showed up) but bad news is that they came at a time when no one would do any cooking work. One day we saw 2 HUGE restaurant grade fridges being loaded into truck, going from neighbor's house to elsewhere. After 2 days, they got a forklift to haul away another bigger fridge (biggest I have ever seen), and 1 gas stove and 1 grill. All this equipment was super heavy and huge (note: we have video evidence). We then learnt the city had an appointment set up for an inspection, however, the neighbor got all his professional equipment cleared off. The inspection will yield no results and I think the neighbor is going to get his equipment back. We told city we have video footage but they do not listen.

I also contacted a private detective who would trace the neighbor fetching raw food to home, then cooked food to catering site (we cannot get footage of him cooking). The detective agency will give a transcript or paperwork for legal submission into court.
1. Can someone please guide me if this (detective agency footage) is worth a shot? Clearly we cannot get video of this guy cooking but we can trace rest of journey. This neighbor is like a pest whom you can shoo away but as soon as city inspection is over, he will come back. His whole life has been spent troubling others and his children grew up in this environment, they behave like goons. Now the grandchildren are being brought up in this environment. All of his life, the neighbor has taken advantage of loopholes in system... getting leftovers and feeding some neighbors who are "tight-lipped" over this matter, I even suspect there is an full time maid who stays in a small room, who has illegal status in this country. People generally exploit such maids for cheap labor in return of green card.
2. Should I complain to state board of equalization and EDD for people working in home?
3. Should I complain to IRS to investigate as most transactions are undocumented and cash? Moreover his names of catering company are not registered as DBA, LLC or s-corp..
4. Should I complain to DHS and ICE for investigation of illegal alien harbored in house?

Anything to weaken the neighbor would be beneficial to stop him. We have made everyone in neighborhood aware of activities. People living over 20 years had no idea of this cooking work or professional equipment! The whole block is surprised! Only good this awareness did was some neighbors gave feedback to city official who came to survey the neighborhood and the neighbor, who otherwise wants a "high" image in neighborhood has his filthy face exposed...

Thanks again!

 

[quincy]

The neighbor might have leased an off-premises kitchen, to satisfy the complaints made against him.

With the driveway cleared and the cooking equipment gone, I do not see you have anything to complain about now.

Thanks for the update.

 

[gaggz]

Intent to sue

The neighbor might have leased an off-premises kitchen, to satisfy the complaints made against him.

With the driveway cleared and the cooking equipment gone, I do not see you have anything to complain about now.

Thanks for the update.

Hi Quncy/ all members
The cooking has stopped. We have just got an "intent to sue" letter stating that we should not talk directly with neighbor. Also that we have assaulted the neighbors, cut the trees without permission (all trees were within our boundary and surveyed lines and we have survey markers on our property), that I have assaulted the neighbor, defamed them to neighbors and all lies that never happened. The letter says they are calculating their damages and will take next course of action.

Can someone please tell me what intent to sue is? How should I reply? Shall I reply back saying everything is baseless, never happened, sent a survey report and say all cut branches of trees were within our property only, and ask the neighbors lawyer for further details? I am very sure they are trying to scare us. Can I reply with statement saying that all claims are baseless and if there is something substantial, please send further details? I do not want to spend on a lawyer right now. So can I make this simple communication?

Regards,

 

[quincy]

Hi Quncy/ all members
The cooking has stopped. We have just got an "intent to sue" letter stating that we should not talk directly with neighbor. Also that we have assaulted the neighbors, cut the trees without permission (all trees were within our boundary and surveyed lines and we have survey markers on our property), that I have assaulted the neighbor, defamed them to neighbors and all lies that never happened. The letter says they are calculating their damages and will take next course of action.

Can someone please tell me what intent to sue is? How should I reply? Shall I reply back saying everything is baseless, never happened, sent a survey report and say all cut branches of trees were within our property only, and ask the neighbors lawyer for further details? I am very sure they are trying to scare us. Can I reply with statement saying that all claims are baseless and if there is something substantial, please send further details? I do not want to spend on a lawyer right now. So can I make this simple communication?

Regards,

An "intent to sue" letter from an attorney means your neighbors have spoken with a lawyer and are considering filing a lawsuit against you. If what you received is in fact a letter from an attorney and nothing more, a response to the letter is not necessary.

Whether the neighbors actually DO decide to sue is a question mark. If they do file a lawsuit, you will be served with a summons and complaint. THAT you DO have to respond to, by filing an answer to the complaint. You could also potentially file a counterclaim at that time.

Although there is no force of law behind an attorney letter, and you are free to ignore the letter and its demands if you want to, it would be smart to avoid the neighbors as the letter demands. You don't want any interaction with the neighbors to result in an altercation.

For the claims of assault, assaults are generally reported to the police. If the neighbors did not contact the police at the time of the alleged assaults, and if you were not contacted by the police during an investigation into complaints of assault, the neighbors claims of assault will be hard to support.

If the tree-trimming was on your property and the neighbor's tree survived the trimming, that claim also stands to go nowhere.

A defamation suit is a possibility but it would be an expensive option for the neighbors to consider. Truth is a defense to claims of defamation and reports to government officials of the neighbor's possible code violations are privileged reports. The qualified privilege that attaches to such reports can be defeated only with a showing of actual malice (made knowing report was false and made with intent to cause harm).

From what you have said in this thread, the neighbors do not appear to be in a good position to sue, but all facts would need a personal review to determine that better. IF you are served with a summons and complaint, you will want an attorney to assist you. My feeling is that your neighbors are trying to intimidate you with the letter but have no real intention of suing. I could be wrong.

Good luck.

 

[gaggz]

Few updates

Hello
Please read the thread at https://forum.freeadvice.com/neighbors-boundaries-108/camera-neighbors-front-house-636666.html#post3492009
I was advised to continue on this thread, hence the update here. Please do read the other post before you go on reading the text below.

1. As in the thread (link above), we got "intent to sue" for all lies
2. I consulted with one lawyer, who asked me to show my camera footage (I censor windows using camera software) to police detective. Moreover, there was no demand note, and it seemed this was done by someone who has just tried to threaten me. Furthermore, the lawyer who sent the letter, seems mis-informed and seems lawyer did not even verify the facts.
3. I went to police. The detective asked if I have neighbor issue. I told him the story. Then he saw everything - said the neighbor's front area being captured is no issue at all. Also any other footage, as long as it was censored by software, is okay by them. They saw all 8 camera's live images. Police was okay.
4. One very good and highly reviewed law firm replied to me, they are willing to look at the "intent to sue" letter, then issue a reply. Hopefully things shall be okay soon.
5. Meanwhile, neighbor is playing "mind games" by showing some moves. Putting plastic trees and huge metal boards to try block anyone looking into his house.
6. I came across a very good article, would recommend you read it https://www.psychologytoday.com/blog/so-sue-me/201407/how-deal-litigious-people-and-frivolous-lawsuits

 

[quincy]

Thank you for adding your latest comments to this thread, gaggz. It helps forum members to have all related questions in one place.

For the ease of readers, here is a direct link to your other thread: https://forum.freeadvice.com/neighbors-boundaries-108/camera-neighbors-front-house-636666.html

It was smart to have your surveillance videos reviewed by the police to better ensure the recordings are not crossing any privacy lines.

Good luck with your neighbors. I hope the attorney letter was a bluff and nothing will come from it.

 

[gaggz]

Updates and Questions

Hi - so we went to lawyer, he called the letter a "bullying" attempt. There was no demand note or a date to respond. We additionally have proofs of encroachment (now that the neighbor has a copy of survey and we have a "return receipt" and proof of delivery via USPS, he cannot say he was ignorant to the property lines). My lawyer is responding to the letter, sending pictures (of encroachment and that no damage to vegetation was done), citing some codes, and then citing some more for nuisance (smell/ smoke) and so on. We have asked our lawyer to mention harassment as well by sending letters from lawyer with unfounded allegations.

Yesterday, something strange happened. Our neighbor (who has accused us of cutting / trimming trees without consent) had actually sent his worker into our frontyard, to trim his bushes and trees while standing in our property. The worker came and cut the trees/ bushes further. We have pictures and surveillance video of him doing the act. In the process, they scattered a lot of "big sized, stiff" thorns from bushes (that can puncture tyre of car), and leaves and flowers. Their worker took care of a lot of mess but there are still so many big thorns scattered that are a hazard to my car tyres and kids playing. We have pictures of the mess. Questions:

1. Can a neighbor's worker come into our property without permission? I understand they were taking care of trees, but I would have appreciated if they had got a tarp or asked me for one to take care of thorns
2. Technically, whatever tree or branch is grows into my property line is my property. Can I say neighbor cut my property without permission and also trespassed?
3. What can I do about the thorns and twigs? We have small stones on side of drive-way and taking them all out and cleaning the mess will take 30-60 mins plus a back breaking effort. Can we cite nuisance and littering?
4. In attempt to capture the neighbor's worker had cleared the mess, my neighbors took a lot of pictures of my drive-way clearly showing some windows and backyard. Also, when my wife and I came outside to look what they were doing, they took our pictures (of us standing in our house), followed us with camera wherever we walked in front-yard and took pictures / possibly videos (my surveillance camera will show following movements), they intimidated us, stalked us, harassed us and took pictures with the attitude "we can do whatever we want". This went off-and-on for 9-10 minutes and for at least 3 occasions during that time. This was a repeated attempt to take pictures of us and not the mess. Note, the neighbors were on the road and not in our property, but used a device to follow us and take our pictures even when we were very far away from the mess on the ground.

Can I get restraining order on neighbor for such actions? Can we have a lawyer cite some nuisance codes? I did goto the police and they have referred me to the neighbor relations officer. we have sent 17 pictures of the "stalking" act, I am yet to hear back from him. Can we have a court ask them to stop? We are so fed up of their actions.

Regards,

 

[gaggz]

Further updates

.. so we eventually sent a 46 page reply with photo evidences to the 2 page intent letter neighbor's lawyer had sent. We cited court cases and codes that talk about neighbor's tree/bushes branches within our property line being our property (which were were cut without permission), trespassing, branches of neighbor- if they hurt us- then we can sue for injury.... encroachment pics.... pics showing that tree branches were cut within our boundary line ... pictures showing neighbor's trees and bushes are otherwise healthy ... pictures showing neighbor's worker cutting the branches and trespassing ... pictures showing littering... pictures showing neighbor stalking us while standing on roadside with cellphone camera pointed towards us standing within our garden and following our movements while we are moving about in our garden minding our business... pictures of neighbor while recording us with cellphone camera, also cellphone camera catching areas inside our window.... pictures when neighbor returned to roadside at multiple multiple occasions where they followed us and stalked us (3 purposeful instances). We also asked for cease and desist. Also, police department came to our home stating they reviewed our case and were concerned with neighbor's son's purposeful reckless driving on the road. Police increased their surveillance outside our home. I am not sure if police have marked the neighbor's house as a "trouble spot".....
Am hopeful there will be no further communication or nasty letters from our neighbor. We are all prepared to file a lawsuit and have mustered all courage to do so.
More to follow....

 

[gaggz]

More updates

Few more updates:

1. While I was trimming branches of neighbor's tree that were on my garage roof, the neighbor started shouting "do not touch my tree". A few minutes later, they falsely called the cops on me stating I showed them a middle finger and showed them my saw and said "I will cut you up". Luckily, my wife was making a video on her phone of me trimming the tree, which the neighbor could not see as there was a block wall in between houses. The cops saw the video and did not even register the case. The neighbor's trap did not work, and this further gave them a bad name as people overheard the conversation while we were explaining to cops (we did not defame them, people just came to know). Can something be done about neighbor?

2. After incident described above occurred, I asked police a release of call records from neighbor's home and was surprised to see a 422 report in July. The same day, I was walking outside my home opposite to neighbor's side, occasionally looking at my neighbor's car (not peeping inside, just looking casually). I am not sure if neighbor called cops and reported this as 422 activity. The cops never patrolled the area that day nor contacted me. But all I want to know is if my name was involved. Cops are not giving me details on incident number and no case was registered. So how can I get some details on this matter?

3. The neighbor has put cameras that are looking into my kids bedroom. How I calculated was by doing trignometric calculations to get the angle of camera, then look manufacturer's recommendations to see field of view. The camera seems like looking into my kids bedroom window. Also, it is capable of recording audio. Sometimes I have said to neighbors that this camera can record audio and continued with my conversations with them. If the neighbor records the same, can they say I knew the camera can record and thereby, by continuing to speak, agreed to myself being recorded? There is no sign on neighbor's wall stating audio is being recorded and I have not stated in my conversation that I am agreeing to the audio being recorded. Can the neighbor say that by continuing to talk it was expressed consent?

Help would be greatly appreciated.

 

[quincy]

Few more updates:

1. While I was trimming branches of neighbor's tree that were on my garage roof, the neighbor started shouting "do not touch my tree". A few minutes later, they falsely called the cops on me stating I showed them a middle finger and showed them my saw and said "I will cut you up". Luckily, my wife was making a video on her phone of me trimming the tree, which the neighbor could not see as there was a block wall in between houses. The cops saw the video and did not even register the case. The neighbor's trap did not work, and this further gave them a bad name as people overheard the conversation while we were explaining to cops (we did not defame them, people just came to know). Can something be done about neighbor?

2. After incident described above occurred, I asked police a release of call records from neighbor's home and was surprised to see a 422 report in July. The same day, I was walking outside my home opposite to neighbor's side, occasionally looking at my neighbor's car (not peeping inside, just looking casually). I am not sure if neighbor called cops and reported this as 422 activity. The cops never patrolled the area that day nor contacted me. But all I want to know is if my name was involved. Cops are not giving me details on incident number and no case was registered. So how can I get some details on this matter?

3. The neighbor has put cameras that are looking into my kids bedroom. How I calculated was by doing trignometric calculations to get the angle of camera, then look manufacturer's recommendations to see field of view. The camera seems like looking into my kids bedroom window. Also, it is capable of recording audio. Sometimes I have said to neighbors that this camera can record audio and continued with my conversations with them. If the neighbor records the same, can they say I knew the camera can record and thereby, by continuing to speak, agreed to myself being recorded? There is no sign on neighbor's wall stating audio is being recorded and I have not stated in my conversation that I am agreeing to the audio being recorded. Can the neighbor say that by continuing to talk it was expressed consent?

Help would be greatly appreciated.

Have you thought about moving?

 

[gaggz]

Have you thought about moving?

Hi Quincy - why should I move? Your hunch is right, they want us to go, but we won't!! We just bought the house, spent a lot on loan, closing and so on.. this is just not fair!!! They are notorious in the locality (we did not defame, everyone just knows). We just setup a neighborhood watch team, the city is already after this guy and I think something is happening in background as neighbor sent a lawyer's letter to city as publicly disclosed in the city records so far. In such cases city does not sit still, they have to do something through their teams too. Moving would defeat the purpose... We know we are not doing anything wrong, so why should I fear? As you once said, do not go against law in your quest to find the truth. We think of each step logically. I will not move, this guy will stop one day or the other...

 

[quincy]

Hi Quincy - why should I move? ...

My comment about moving was made in jest only. I am sure you must have thought at times how much simpler that might be, though.

As you once said, do not go against law in your quest to find the truth ...

I cannot take credit for saying that. Someone may wander by to claim it.