Legal Question in Real Estate Law in Georgia

This is a tenant/tenant question or a Criminal queston. Mr Cook, I have asked two questions on LawGuru, but each time I get the response that the question was in the wrong category. I did not put the question into that category; something is messed up. You appear to be the correct type of attorney for the question. I own a mobile home in a park. My neighbor owns a home. She and her boyfriend are constantly watering in my yard - as much as 50 feet into my yard - creating a problem for me. I plan to do yard work, but can't because it's saturated. They have even come into my yard and mowed down anything green that they perceived as 'not grass'. The police won't help, the landlord won't help. How can I protect myself from this trespass and interference with my enjoyment of the lot for which I pay rent? The action of the neighbor is not an accidental intrusion. It is more than a nuicance; it is harassment and intimidation. The man has even threatened me with bodily harm, "I'll cut anything I want; if you step over the (property)line I'll even cut you". Then he lied to the police and said he didn't live there. Claimed he was just doing yard work for the owner of the home. What is my legal recourse?


Asked on 7/28/11, 5:49 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If the police and the landlord are not willing to take your issue seriously, your options are fairly limited.

1.) You said the correct word -- trespass. There are two types -- criminal and civil. If the police are unwilling to charge the neighbor with criminal trespass, then you can try going to your district attorney and see if he/she will take action (not likely). Also, instead of calling the police, you can go to your local police station and submit a formal written complaint -- it may not do you any good in terms of getting the police to help you, but at least there will be a formal/written record of your attempts in case something more serious happens down the line.

If you cannot get a criminal trespass charge against the neighbor, you can consider filing a civil lawsuit for civil trespass. There are potentially 2 types of trespass here by the neighbor -- the first would be the act of launching water onto your property from their property; the second would be the neighbor actually entering your property and cutting your lawn/shrubbery. Your problem will be convincing a judge that you have suffered some type of quantifiable damage as a result of the trespass. And of course it would be a "he said, she said" type situation in trying to prove that the trespass actually occurred (photos, videos, or some other evidence might help). I would consult with a Georgia litigator with real estate experience BEFORE you take an legal action and have them represent you.

2.) Another option to keep them off our property would be to file for an "injunction." This is a fancy word for a court order that orders someone to stop doing something, in this case trespassing, cutting your lawn/shrubs, etc. Injunctions aren't necessarily the easiest things to get, so again, you would want to consult with a lawyer before you go this road and have the attorney represent you.

3.) Regarding the neighbor's threatening/harassing statements, you can certainly go to Court and try to obtain a restraining order. This would prevent the neighbor from coming within a certain distance of you. In theory, you could also file a civil lawsuit against the neighbor for "assault", which unlike "battery" does not require that the neighbor actually have touched you, but that would again require you to show the Court that you suffered some type of damage as a result. Again, I would have a lawyer represent you as your chances of success would be greater.

Best of luck.*****The above is informational purposes only and does not create an attorney-client privilege.******

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Answered on 7/28/11, 9:11 am


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