Ask Experts Questions for FREE Help !
Ask

    Can my neighbor

    Asked Jun 26, 2008, 07:05 PM 11 Answers
    My husband and myself along with our 9 yr old daughter have been living at our present residence for almost 2 yrs now. My husband just bought me 2 miniature horses, and made a fence around our back property. After having the horses for almost 3 months our neighbor has an adjoining flied to ours and he has full size horses.
    First he stopped me by myself and told me that he had horses first and that I could not have an uncasterated male on my property. I checked into this and there is nothing in the and there is nothing in Arkansas Equine law that states this. He later stopped me again, and told me that if I did not get rid of my male horse he would see to it that it got onto his property and he would shoot him. I went to the police about this, and after they talked to him he came back to my property and started cutting MY fences!! I went back to the police, and they made a criminal mischievous report. HE later approached me and my daughter when my husband was not at home, and told me that me and my lying mouth have been warned. Again I went to the police and they told him that HE needed to stay away from us, and leave us alone. Well now (we live at the end of a dead end dirt road) he will ride his 4-wheeler past our house real slow, and throw beer bottles into our front yard, and has even shoveled horse manure onto our side of the property line. This is starting to wear on my nerves To the point that I am not comfortable with me and my daughter being by ourselves when my husband has to work... I need any advise that I can get... Please help...

    My neighbor told my husband that he was going to sue us because he locked HIS horse in HIS barn and she done some kind of damage to it. He said that because of my male miniature horse whinning made her do it so we were responsible for the damages. Is this a legit claim?

    Last edited by Fr_Chuck; Jun 26, 2008 at 07:37 PM.
    Search this Thread
    Share |
    11 Answers
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,513, Reputation: 4591
    Uber Member
     
    #2

    Jun 26, 2008, 07:15 PM
    Quote Originally Posted by mmgriffith
    My neighbor told my husband that he was going to sue us because he locked HIS horse in HIS barn and she done some kind of damage to it. He said that because of my male miniature horse whinning made her do it so we were responsible for the damages. Is this a legit claim?


    In one word - no.
    Helpful
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,513, Reputation: 4591
    Uber Member
     
    #3

    Jun 26, 2008, 07:16 PM
    Your posts should be combined. I answered the other post and it leaves out a lot of this info -
    Helpful
    westnlas's Avatar
    westnlas Posts: 322, Reputation: 25
    Full Member
     
    #4

    Jun 26, 2008, 07:23 PM
    If you are allowed to shoot on your property, maybe your husband can show you how to use the shotgun. Hopefully when the neighbor can see it. Seriously, start taking pictures of his misdeeds and report him with proof to the cops. This guy is a bully and will not stop until he is forced to. You might even consider installing security cameras around your home and seeing into a security patrol. No amount of money is worth your safety. Even without pictures, document everything he says to you in a diary and write down the time and details. A diary, done daily may be used in court if needed. I think this guy is a bag of wind, is the reason he threatens you when your husband is gone, but safety is a prime concern.
    Helpful
    IM4U's Avatar
    IM4U Posts: 156, Reputation: 16
    Junior Member
     
    #5

    Jun 26, 2008, 07:25 PM
    From my observations in small claims court in my state, the legitimacy of a claim is determined by the presiding judge in his/her ruling.

    Judges can be unpredictable. They are human with their own personality quirks like the rest of us. Those quirks can impact their interpretation of the law and their application of it to evidence and testimony.

    If I had to deal with such a claim which, indeed, reached the court, I would wish to be prepared with an effective defense.

    Personally, I would hope that my neighbor and I could be neighbors with each other and that we could avoid such judicial "horsing around."

    If the neighbor does not cool off before pressing the issue in court, maybe mediation could be helpful to promote "being neighbors."
    Helpful
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,513, Reputation: 4591
    Uber Member
     
    #6

    Jun 26, 2008, 07:34 PM
    Quote Originally Posted by IM4U
    From my observations in small claims court in my state, the legitimacy of a claim is determined by the presiding judge in his/her ruling.

    Judges can be unpredictable. They are human with their own personality quirks like the rest of us. Those quirks can impact their interpretation of the law and their application of it to evidence and testimony.

    If I had to deal with such a claim which, indeed, reached the court, I would wish to be prepared with an effective defense.

    Personally, I would hope that my neighbor and I could be neighbors with each other and that we could avoid such judicial "horsing around."

    If the neighbor does not cool off before pressing the issue in court, maybe mediation could be helpful to promote "being neighbors."


    And I must disagree - I cannot think of any Judge in any Court who would decide that a horse doing what horses do - making horse noises - would be responsible for another horse damaging his/her owner's property. I see a stern lecture about wasting the Court's time.

    And as far as Judges being predictable with quirks that impact their interpretation of the law and their application of it concerning evidence and testimony - there is no negligence here. What evidence and testimony do you think the Judge is going to allow?

    This is horses being horses. There is no law to interpret. There's no negligence. There are no deliberate acts. There are no laws being broken.

    Mediation? Have you read the other posts?
    Helpful
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,513, Reputation: 4591
    Uber Member
     
    #7

    Jun 26, 2008, 07:38 PM
    Quote Originally Posted by westnlas
    If you are allowed to shoot on your property, maybe your husband can show you how to use the shotgun. Hopefully when the neighbor can see it. Seriously, start taking pictures of his misdeeds and report him with proof to the cops. This guy is a bully and will not stop until he is forced to. You might even consider installing security cameras around your home and seeing into a security patrol. No amount of money is worth your safety. Even without pictures, document everything he says to you in a diary and write down the time and details. A diary, done daily may be used in court if needed. I think this guy is a bag of wind, is the reason he threatens you when your husband is gone, but safety is a prime concern.

    This is bad legal advice - show someone who is unstable a shotgun and how do you think he's going to respond? With a bigger shotgun.

    Yes, keep a diary, video (if it isn't going to inflame the situation), keep calling the Police.
    Helpful
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 75,727, Reputation: 7217
    Expert
     
    #8

    Jun 26, 2008, 07:39 PM


    Posts combined,

    A person can sue another person about anything, but this case has no merits
    Helpful
    westnlas's Avatar
    westnlas Posts: 322, Reputation: 25
    Full Member
     
    #9

    Jun 26, 2008, 07:45 PM
    I was thinking of criminal prosecution for the threats and harassment rather than civil proceedings. I do think that if this bully knew that she is capable of protecting herself, he may very well limit his harassment to property damage and limit the threats. Every bully I ever met held back when stood up to. Anyway, this has gone way beyond the horse issue. It is a matter of imposing fear into her and her family. It must be stopped. A diary may show a judge that the individual has a history of these acts and gain him a jail sentence rather than probation or a fine. I am sorry I didn't make it clearer from the outset.
    Helpful (1)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,513, Reputation: 4591
    Uber Member
     
    #10

    Jun 26, 2008, 07:49 PM
    Quote Originally Posted by westnlas
    I was thinking of criminal prosecution for the threats and harassment rather than civil proceedings. I do think that if this bully knew that she is capable of protecting herself, he may very well limit his harassment to property damage and limit the threats. Every bully I ever met held back when stood up to. Anyway, this has gone way beyond the horse issue. It is a matter of imposing fear into her and her family. It must be stopped. A diary may show a judge that the individual has a history of these acts and gain him a jail sentence rather than probation or a fine. I am sorry I didn't make it clearer from the outset.

    I notice that you've appeared in 5 threads immediately behind me, far ranging threads from advice on dogs to criminal advice to piercing your navel. Seems odd that we would be walking the same route, you right behind me, so I would make a guess that somehow I've offended you so you are going to continue to follow me around - it's obvious because I've been keeping an eye on your profile, what you are checking, what you are reading and answering.

    I think I'm going over to missing persons now - want to come with me or just follow me there?
    Helpful

Not your question? Ask your question View similar questions

 

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.


Check out some similar questions!

My neighbor. Yes/no? Why? [ 1 Answers ]

I'm an 18 year old guy. I haven't dated anyone before. I'm neighbors with a 17 year old girl who is 18 in just a few months. I have been her neighbor for 6 years. We're also in the same car together every morning going to school, have 2 classes with her, and two days of the week in the same after...

Neighbor has 15 dogs [ 8 Answers ]

Is there anything that I can do with my neighbor having so many dogs? They have done killed every cat that I have had my kids are afraid to go outside to play and when I confront him about it he just says they don't bother my cats and if they come back in my yard that I can shoot them come on he...

Neighbor harassment [ 2 Answers ]

I have a neighbor who is an adult and has three minor teenage daughters. Her youngest daughter is fourteen. I have a daughter who is thirteen and has epilepsy. The neighbors daughter is constantly threatening and harassing my daughter. The moment she walks outside to play with her friends she is...

Harassing Neighbor [ 12 Answers ]

We moved into our house 7 months ago and our neighbor has called several times to complain about various things. The latest phone call was in regards to my husband smoking a brisket for MY birthday party! She claims that the smoke hovers in her back yard and she and her husband are not able to...

Bad neighbor etiquette [ 9 Answers ]

My house is in a thick forest in Florida and we are experiencing a severe drought this year. Wildfires are common. Friday night my neighbor held a Memorial Day party that was, for lack of a better word to describe it, like Hee Haw revisited. I don't mind the loud music or beer-lagered guests or...


View more questions Search