Saturday, July 29, 2006

Neighbor Slashed Tires

Christine L. writes: "I don't get along with my neighbors too well, which stems from a previous year's 4th of July when my son's fireworks shot over the fence accidentally and ended up lighting their bushes on fire. Since then, they've always ignored us and done things to try and annoy us. One of those things includes putting their trash bins in front of our house (instead of in front of their house) for trash pick up day. Being frustrated by this (since the bins should be in front of their house since they ARE THEIR BINS) I slid their bins back in front of their house one morning. When I got home from work that day (last week) I found the bins back in front of our house and the tires of our vintage '69 Mustang (which is under a car cover and parked in our driveway) slashed. What legal rights do I have or what next steps should I take to make them pay for the damage they've obviously caused?"

Christine brings up an interesting issue that all of us have come in contact with once or twice in our lives: uncooperative or frustrating neighbors. While you can choose your friends you can most definitely not choose who lives on either side of you in your neighborhood. That's why situations like the one Christine has outlined are tough instances to deal with.

I have prosecuted many individuals who have been on both sides of a neighborhood quabble, which have included neighbors who threw items against house windows, broke mailboxes, lit certain foliage on fire and yes, even crashed their cars into their neighbor's cars to inflict damage. The cases I have won have always been due to the fact that there were witnesses or visual evidence of some kind that confirmed without a reasonable doubt that the neighbors in question were responsible.

But here we have an instance that occured during the day, out of the sight of the owners, and which had zero witnesses whatsoever. Yet Christine is probably 100% sure (and is probably correct in assuming) that her neighbors are responsible for the slashed tires.

There are two things you can do at this point, Christine.

First (and this is me being a responsible LAWYER telling you this)...you can first try talking to your neighbors and asking them if they know anything about what happened. Most likely they will say no. In the event they deny having any knowledge you can then call the local police and file a report about the vandalism. In the event your neighbors do this again and you can provide proof to the local authorities (pictures, witnesses, et al) then the first instance will most likely be attributed to the neighbors and they'll be held responsible for both. Via the law, this is your only realistic option.

Secondly (and this is me telling you what you can do as a FRIEND who "knows the law")...you should get friends or family with digital cameras to hide around your house and train their cameras on your home. Then, take those garbage pails and fill them with kerosene or gas of some kind, push them in front of your neighbors house (while making sure there are no witnesses who aren't friends of yours) and light them on fire. If you can push them into the bushes of your neighbor's house, even better. Then wait for your neighbors to retaliate. When they do, you'll have video and visual evidence of them doing so and you may then call the police to report them. In this case, you should deny ever lighting their garbage pails on fire, and since your neighbors will not be as smart as you -- they will have no visual evidence to get you in trouble.

Alas, the tables will be turned, and you will get reimbursed for your car's tires and whatever additional damage they do to your house after watching their landscaping and garbage bins go up in flames.

Hope this helps!

3 comments:

Anonymous said...

I sort of like the 007 approach better, even though it's likely less smart. Makes a better story, at any rate.

Cole Forester said...

Happy to help, Allison.

Anonymous said...

i love cole forester now....wish you were in ky.